Case Law

20 February 2020 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Atheist / Agnostic - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Religious persecution (including forced conversion) - Right to life | Countries: Afghanistan - Sweden

9.11 The Committee takes note of the observation of the Immigration and Protection Tribunal that climate change-induced harm can occur through sudden-onset events and slowonset processes. Reports indicate that sudden-onset events are discrete occurrences that have an immediate and obvious impact over a period of hours or days, while slow-onset effects may have a gradual, adverse impact on livelihoods and resources over a period of months to years. Both sudden-onset events (such as intense storms and flooding) and slow-onset processes (such as sea level rise, salinization, and land degradation) can propel cross-border movement of individuals seeking protection from climate change-related harm. 27 The Committee is of the view that without robust national and international efforts, the effects of climate change in receiving states may expose individuals to a violation of their rights under articles 6 or 7 of the Covenant, thereby triggering the non-refoulement obligations of sending states. Furthermore, given that the risk of an entire country becoming submerged under water is such an extreme risk, the conditions of life in such a country may become incompatible with the right to life with dignity before the risk is realized.

7 January 2020 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Climate change (including environmental migrants) - Non-refoulement - Right to life | Countries: Kiribati - New Zealand

10 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Non-refoulement | Countries: Denmark - Iran, Islamic Republic of

Human Rights Committee, Ninety-seventh session, 12 to 30 October 2009. Adopted in English, French and Spanish, the English text being the original version.

23 November 2009 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Death penalty - Deportation / Forcible return - Non-refoulement - Right to liberty and security - Right to life | Countries: Australia - China