Environmentally Induced Human Displacement and Human Rights: Bridging Legal Gaps Through a Human Rights-Based Approach

Abstract

Abstract This article discusses the complex issue of environmentally induced human displacement and emphasises the urgent need for a comprehensive approach to address it effectively. It begins by examining the terminology and underlying causes of environmentally induced human displacement and highlights the interdependence of environmental degradation, climate change and human migration. Next, it stresses the importance of protecting displaced individuals irrespective of terminology and advocates for a human rights-based approach as the most effective means to ensure their legal status and protection. The article calls for a paradigm shift within the human rights regime through the recognition of a right to a healthy environment in a legally binding global instrument. That shift would provide a stronger legal foundation for protecting environmentally induced displaced persons and would bridge the existing gaps in international law. Furthermore, the introduction of this right would empower States to clearly define their obligations and grant displaced individuals access to legal recourse and support systems, ensuring their rights are recognised and upheld.