Environmentally Induced Human Displacement and Human Rights: Bridging Legal Gaps Through a Human Rights-Based Approach

Abstract This article discusses the complex issue of environmentally induced human displacement and emphasises the urgent need for a comprehensive approach to address it effectively. It begins by examining the terminology and underlying causes of environmentally induced human displacement and highlights the interdependence of environmental degradation, climate change and human migration. Next, it stresses the importance of protecting displaced individuals irrespective of terminology and advocates for a human rights-based approach as the most effective means to ensure their legal status and protection. The article calls for a paradigm shift within the human rights regime through the recognition of a right to a healthy environment in a legally binding global instrument. That shift would provide a stronger legal foundation for protecting environmentally induced displaced persons and would bridge the existing gaps in international law. Furthermore, the introduction of this right would empower States to clearly define their obligations and grant displaced individuals access to legal recourse and support systems, ensuring their rights are recognised and upheld.

Authors

Institutions

Publication Details

Journal
International Human Rights Law Review
Published
2024-11-04
DOI
https://doi.org/10.1163/22131035-13020001
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Environmentally Induced Human Displacement and Human Rights: Bridging Legal Gaps Through a Human Rights-Based Approach

Roxani Fragkou, Alexandros Tsadiras, Dimitris Chotouras
International Human Rights Law Review
Environmental law and policy
article

Environmentally Induced Human Displacement and Human Rights: Bridging Legal Gaps Through a Human Rights-Based Approach

Roxani Fragkou, Alexandros Tsadiras, Dimitris Chotouras
article en

Abstract

Abstract This article discusses the complex issue of environmentally induced human displacement and emphasises the urgent need for a comprehensive approach to address it effectively. It begins by examining the terminology and underlying causes of environmentally induced human displacement and highlights the interdependence of environmental degradation, climate change and human migration. Next, it stresses the importance of protecting displaced individuals irrespective of terminology and advocates for a human rights-based approach as the most effective means to ensure their legal status and protection. The article calls for a paradigm shift within the human rights regime through the recognition of a right to a healthy environment in a legally binding global instrument. That shift would provide a stronger legal foundation for protecting environmentally induced displaced persons and would bridge the existing gaps in international law. Furthermore, the introduction of this right would empower States to clearly define their obligations and grant displaced individuals access to legal recourse and support systems, ensuring their rights are recognised and upheld.

International Human Rights Law ReviewVol. 13(2)
Open University of Cyprus (CY)
Openalex Percentile: Top 64%
Environmental law and policy
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.