Assessing the adequacy of International Human Rights Protections for Persons Displaced or Affected by Climate Change

global challenges, reshaping global systems and undermining fundamental human
rights. One of its most severe consequences is the large-scale displacement of
populations due to sea-level rise, extreme weather events, prolonged droughts,
and environmental degradation. These phenomena jeopardize livelihoods,
exacerbate food insecurity, and undermine the stability of entire ecosystems,
affecting not only human communities but also animals, plants, and biodiversity
as a whole.
Traditionally, individuals who are forced to flee their homes due to a well-founded
fear of persecution on grounds such as race, religion, nationality, membership in
a particular social group, or political opinion are recognized as refugees under
international law. These individuals are protected by the United Nations
Convention Relating to the Status of Refugees, 1951 (commonly known as the 1951
Refugee Convention), and its 1967 Protocol. However, persons displaced by
environmental and climate-related factors often do not meet the criteria outlined
in these instruments and are therefore excluded from formal refugee protections.
This research critically assesses the adequacy of international human rights
frameworks in safeguarding the rights of environmentally displaced persons
(EDPs). It explores the extent to which existing legal instruments, such as the
International Covenant on Civil and Political Rights (ICCPR), the International
Covenant on Economic, Social and Cultural Rights (ICESCR), and relevant
regional human rights treaties, provide meaningful and enforceable protections.
By identifying legal gaps and evaluating jurisprudence and soft law developments,
this study aims to contribute to the evolving discourse on climate-induced
displacement and advocate for a more inclusive and rights-based approach to
international protection. Integrating insights from India’s traditional ecologica