The United Nations Human Rights Committee’s decision of january seventh 2020 and it’s impacts on enviromental refugees

Abstract

This article aims to analyze the phenomenon of environmental refugees and how the decision of the Human Rights Committee of the United Nations (UN) of 7/1/20 on the Ioane Teitiota case impacts the legal situation of this phenomenon. This is an original and relevant work to the studies of Law since its object is the formal recognition of environmental refugees and this is a phenomenon that has intensified increasingly. The study is a deductive-structuralist analysis of the phenomenon at hand and the decision. This will be done by reviewing the updated bibliography, and examining studies and legislation, in addition to the decision itself. The decision sets a precedent for international committees and courts to analyze cases of environmental refugees and recognizes climate change as a threat to the right to life that can force subjects to migrate, generating non-return obligations on States. It is concluded that despite being unprecedented and of significant importance it is only a first step towards a satisfactory solution.