HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

PROTECTION OF ENVIRONMENTAL MIGRANTS UNDER ART. 15 OF THE QUALIFICATION DIRECTIVE IN THE LIGHT OF THE DECISION OF THE UN HUMAN RIGHTS COMMITTEE IN THE TEITIOTA CASE Ondřej Kabelka Abstract Climate change-induced displacement is emerging as a critical challenge in contemporary human rights and refugee law, yet both international and EU legal frameworks fail to protect environmental migrants adequately. This article critically examines the scope of subsidiary protection under Article 15 of the Qualification Directive, focusing on the principle of non-refoulement and its interpretation by the Court of Justice of the European Union. By analyzing the landmark ruling in the Teitiota case, the article contrasts the CJEU’s restrictive approach to “serious harm” with the more progressive stance adopted by the UN Human Rights Committee. By highlighting the shortcomings of the existing European Union legal framework in addressing climate-driven displacement, the author advocates for a necessary evolution in international protection standards to align with the growing realities of environmental migration. Introduction Climate change 1 is a global issue, often considered one of the most significant challenges of our time. According to the latest Intergovernmental Panel on Climate Change (hereinafter referred to as “IPCC”) report, risks and projected adverse impacts and related losses and damages from climate change escalate with every increment of global warming. 2 The UN General Assembly stated that “climate, environmental degradation, and natural disasters increasingly interact with the drivers of refugee movements”. 3 Although several drivers of refugee movements, such as economic, 1 Art. 1.2 United Nations Framework Convention on Climate Change (hereinafter referred to as “UNFCCC”) defines ‘climate change’ as “a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere, and which is in addition to natural climate variability observed over comparable time periods”. 2 IPCC. Climate Change 2023: Synthesis Report. Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change. [online]. Geneva: IPCC, 2023, p. 82. [cit. 2024-06-15]. Available at: https://www.ipcc.ch/report/ar6/syr/downloads/report/IPCC_ AR6_SYR_LongerReport.pdf. 3 UN General Assembly. Report of the United Nations High Commissioner for Refugees – Part II Global Compact on Refugees. [online]. United Nations, 2008, p. 2, para. 8. [cit. 2024-06-15]. Available at: https://www.unhcr.org/media/report-united-nations-high-commissioner-refugees-part-ii-global compact-refugees.

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