Climate Refugees, Human Rights and the Principle of Non-Refoulement

Abstract

: Climate change caused by human action and its development model is one of the greatest challenges that the international community has to tackle in the 21st century. One of the consequences is the increase in migratory flows as a consequence of the degradation of ecosystems and loss of territory. Climate migrants lack recognition of protection rights under existing international law. However, in our opinion, their fundamental rights are clearly affected, starting with the fundamental right to life. In the absence of normative developments, court proceedings and case-law - as the Teitiota case- can serve as an instrument for the recognition of their fundamental rights and a redefinition of the principle of non-refoulement.