Understanding The Contemporary Reality Of Human Rights In The Light Of Climate Displacement
- IJLLR Journal
- Aug 12
- 1 min read
Thanusri G, B.A. LL.B. (Hons.), The National University of Advanced Legal Studies (NUALS)
ABSTRACT
Climate change is fundamentally changing human movement by forcing millions to leave their homes as rising seas, extreme weather events and environmental degradation make entire regions uninhabitable. However, those displaced are once again subjected to the issue of being neither recognised as refugees under international law nor protected by proper domestic frameworks. These problems leave some of the world's most vulnerable populations without basic rights and safety.
This paper examines the growing crisis of climate-induced displacement through both a global lens and focused case studies of nations facing the brunt of climate change such as Tuvalu and Bangladesh.
It explores gaps in existing legal frameworks, particularly the 1951 Refugee Convention's narrow definition that excludes climate migrants under the term “refugees” among other things. While international efforts through the UN Framework Convention on Climate Change and regional initiatives demonstrate growing recognition of the problem, they have yet to produce binding legal protections. Even nations like India, which have expanded constitutional rights to include protection from climate change impacts, struggle to address climate displacement effectively.
Analysing various sources of information, this paper tries to show the need for urgent legal reforms, including: formal recognition of climate displacement within domestic legal systems, expansion of refugee definitions to include environmental factors, creating planned migration frameworks, and giving equal importance to both sudden and slow-onset climate events in protection mechanisms. The paper attempts to convey that climate displacement is not merely a future threat but a present reality requiring immediate legal intervention.
