Refugees, Climate Litigation in the Global South and Climate Change: Facing the Gap in the Protection of Climate Refugees in International Law

Abstract

Climate change, as the main catalyst for catastrophes in this century, is closely linked to large groups of human beings in forced displacement. This group, called climate migrants - people who, against their will, have to leave their places of origin due to climate phenomena. However, this group of human beings, which tends to expand expressively in the coming decades, reaching somewhere between 200 million to 1.2 billion people by 2050, still does not enjoy specific protection, for what they could be considered: refugees. Despite this, the recognition of this category of migrants as refugees is of immediate importance, due to the need for protection, which has not yet been reflected in international law. Thus, at the moment, what advances have been achieved regarding the protection of climate “refugees” and regarding the evolution of the use of the expression? The present work is developed through bibliographic and documentary research as a research technique, and the analytical-deductive method for analyzing information. In this context, climate strategic litigation, a mechanism through which climate impacts on human rights can be claimed in international courts, could be a possible short-term solution to the legislative gap for refugee protection.