Rethinking the status and protection of environmental migrants under international law

Abstract

Ripensare lo status e la tutela dei migranti ambientali nel diritto internazionale - This paper argues that the definition of persons moving to escape environmental degradation and climate change should focus not on the causes of migration but on individuals’ vulnerability and the prevention of irreparable harm. Building on this premise, the author proposes a reinterpretation of the non-refoulement principle grounded in the indivisibility and interdependence of all human rights  - including economic, social and cultural rights - and in the principle of effectiveness, which requires States to safeguard the essential content of rights at risk upon return. From this preventive, dignity-based perspective, non-refoulement must also cover foreseeable severe deprivations, thereby reshaping international protection frameworks.

Keywords: International mobility; Environmental migrants; Vulnerability; Non-refoulement; Socio-economic rights