Forced displacement as a result of Climate Change: New challenges for International Refugee Law
International refugee law, born as a result of the historical experience of the Second World War, in the form of the Convention Relating to the Status of Refugees (1951), seeks to protect people against persecution for political, racial, national, cultural, religious, gender, or others universally reasons recognized as unacceptable, whether at the level of individual persecution under the terms of the 1951 Convention, or group, under the terms provided by the Cartagena Declaration (1984). However, this notion of international protection derived from the direct action of the human being is problematized with regard to the growing group of people who are displaced as a result of climate change, a hypothesis that international refugee law does not seem to include, remaining outside its regulatory framework, even when the violation of rights that these people are facing is completely evident. Considering this, the purpose of this work will be to reconstruct the normative framework that could regulate these new protection needs in the light of international human rights law, with a view to analyzing the feasibility of applying Chilean regulation to these hypotheses. Thus, we will review international instruments and customary law available, to evaluate different legal forms that could protect those who have been displaced as a result of climate change, through complementary protection, the principle of non-refoulement and the prohibition of collective expulsions; arguing that —even when there is no specific legislation in this regard— we already have ratified instruments in our legal system that could serve these purposes.
| Main Authors: | , |
|---|---|
| Format: | Digital revista |
| Language: | spa |
| Published: |
Centro de Derecho Ambiental, Facultad de Derecho, Universidad de Chile
2020
|
| Online Access: | https://revistaderechoambiental.uchile.cl/index.php/RDA/article/view/54250 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|