The right to adequate housing for IDPs in the context of slow-onset climate-induced disasters within the European Union

Abstract

Abstract The effects of climate change are projected to lead to significant displacement within the European Union (EU). However, internal displacement caused by slow-onset disasters has been neglected from discourse, and the EU lacks a legal framework for internal displacement. This article deploys an interdisciplinary approach to assess the protection offered to internally placed persons (IDPs) in this context: a legal analysis evaluates the right to adequate housing and a discourse analysis unpacks the construction of ‘forced displacement’ surrounding the non-binding Guiding Principles on Internal Displacement. Special attention will be paid to individual vulnerabilities and structural socio-economic constraints as drivers for internal displacement. The findings reveal that the human-rights-based framework provides relatively weak socio-economic housing rights. Protection of adequate housing is only offered in reactive claims requiring proof of severe environmental impact. Moreover, IDPs were initially constructed as a distinct group characterized by direct violence and imminent disasters rather than structural constraints. While the discourse recently shifted to recognize the complexity of individual displacement experiences, no corresponding concept has been institutionalized. Thus, this article recommends that the EU draw inspiration from the Kampala Convention regarding its definition of internal displacement, the legally binding nature and proactive state obligations.