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No way out for climate refugees’ asylum applications in court decisions and conventions
Nuray Ekşi, 2023, original scientific article

Abstract: One major consequence of climate change is the migration problem caused by internal and international displacement of people due to environmental disasters. The cross-border effects of climate-induced displacement have naturally sparked novel debates in the field of refugee law, and has created a group of people commonly called ‘climate refugees’. Climate refugees do not necessarily fall within the definition of ‘refugee’ under the 1951 Geneva Convention. While certain states and international organisations, including the UN, approach the situation of climate refugees solely from a security point of view, others see these people as victims of climate-induced disasters. No country is truly willing to share the burden caused by the climate-induced mass migration or address the full extent of this major phenomenon. Moreover, the international agreements on which they base their asylum claims fail to adequately address the circumstances surrounding their requests. Differing opinions have been expressed in academia as to the appropriate protection mechanisms and assistance that can be provided to climate refugees. In article, we explain the differences between the conventional refugees and climate refugees, discuss the reasons why the existing international conventions fail to protect climate refugees, and highlight the proposed solutions for the protection of such refugees.
Keywords: Climate refugees, environmental refugees, environmentally displaced persons, climate induced migration, 1951 Geneva Convention
Published in DKUM: 28.08.2025; Views: 0; Downloads: 9
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Climate change-related displacement and the determination of refugee status under the 1951 Refugee Convention
Elijah Sriroshan Sritharan, 2023, original scientific article

Abstract: Climate change and climate-driven migration are two of the defining challenges of the twenty-first century, and there is no legal framework for protecting those displaced across national borders for climate-related reasons. The 1951 Refugee Convention hardly applies to human mobility in the context of climate change. This paper was written in the hopes of initiating a discussion concerning an alternative perspective through which persons fleeing natural disasters linked to climate change may satisfy the eligibility conditions for recognition of refugee status. Expanding the definition of refugee as defined in the Convention by including the notion of vulnerability to climate disasters that are caused by the underlying socio-economic conditions in the claimant’s home country and the role of discrimination in causing differential exposure to the climate-related disasters in legal definitions might open the door for the availability of refugee status for persons fleeing in the context of climate change. This paper proposes the adoption of a reformed human rights-based interpretation, particularly with regard to the individual nature of refugee status determination. Recalibrating the Convention to facilitate climate-induced migration could reduce political tension and social unrest in receiving countries.
Keywords: climate change, climate-driven migration or displacement, climate migrants, climate refugees, determination of refugee status, the 1951 refugee convention, human rights-based approach, socio-economic conditions, vulnerability to climate disasters, the role of discrimination, rights-based climate litigation
Published in DKUM: 19.04.2024; Views: 168; Downloads: 39
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