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Asylum-migration nexus / Climate change (including environmental migrants)

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Ioane Teitiota v. New Zealand (advance unedited version)

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

Advisory Opinion OC-23/17 of November 15, 2017 Requested by the Republic of Colombia: The Environment and Human Rights

STATE OBLIGATIONS IN RELATION TO THE ENVIRONMENT IN THE CONTEXT OF THE PROTECTION AND GUARANTEE OF THE RIGHTS TO LIFE AND TO PERSONAL INTEGRITY: INTERPRETATION AND SCOPE OF ARTICLES 4(1) AND 5(1) IN RELATION TO ARTICLES 1(1) AND 2 OF THE AMERICAN CONVENTION ON HUMAN RIGHTS

15 November 2017 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Climate change (including environmental migrants) - Human rights courts - Human rights law | Countries: Colombia

Ioane Teitiota v. The Chief Executive of the Ministry of Business, Innovation and Employment

20 July 2015 | Judicial Body: New Zealand: Supreme Court | Topic(s): 1951 Refugee Convention - Appeal / Right to appeal - Climate change (including environmental migrants) - Convention on the Rights of the Child (CRC) - Denial of refugee status - International Covenant on Civil and Political Rights (ICCPR) - Jurisdiction - Livelihoods - Refugee / Asylum law - Right to family life | Countries: Kiribati - New Zealand

AC (Tuvalu)

4 June 2014 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Legal Instrument: 1951 Refugee Convention | Topic(s): Climate change (including environmental migrants) - Denial of refugee status | Countries: New Zealand - Tuvalu

AF (Kiribati) [2013] NZIPT 800413

25 June 2013 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Climate change (including environmental migrants) | Countries: Kiribati - New Zealand

RRT Case No. 0907346

10 December 2009 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Climate change (including environmental migrants) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Livelihoods - Social group persecution | Countries: Australia - Kiribati

Case of Kawas-Fernández v. Honduras Judgment of April 3, 2009

3 April 2009 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Climate change (including environmental migrants) - Freedom of assembly and association - Human rights law - Right to justice - Right to life | Countries: Honduras

Lee v. The United Kingdom

This judgment is subject to editorial revision before its reproduction in final form in the official reports of selected judgments and decisions of the Court.

18 January 2001 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Climate change (including environmental migrants) | Countries: United Kingdom of Great Britain and Northern Ireland

Jane Smith v. The United Kingdom

18 January 2001 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Climate change (including environmental migrants) | Countries: United Kingdom of Great Britain and Northern Ireland

Refugee Appeal Nos. 72189/2000, 72190/2000, 72191/2000, 72192/2000, 72193/2000, 72194/2000 & 72195/2000

17 August 2000 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Climate change (including environmental migrants) - Grounds for persecution - Social group persecution | Countries: New Zealand - Tuvalu

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