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Hacia una protección multinivel del desplazamiento forzado por causas ambientales

Translated title of the contribution: Towards Multilevel Protection from Forced Displacement Due to Environmental Causes

Research output: Contribution to journalArticlepeer-review

Abstract

Environmental displacement represents one of the main legal challenges of the XXI century, as it strains traditional frameworks of international protection. It is in this context that this article examines the regulatory gaps that exist in international law with regard to persons displaced by environmental causes, who do not fit the classic definition of refugee established by the 1951 Convention. It argues that the current approach is insufficient, as it ignores the multidimensional nature of the phenomenon and its link to human rights, climate change, and environmental justice. In this way, through a critical analysis of normative sources, specialized doctrine, and pronouncements by international bodies, especially the Inter-American Court of Human Rights (Advisory Opinions 23 of 2017 and 32 of 2025) and the UN Committees on Human Rights and Economic, Social and Cultural Rights, the paper proposes a multilevel approach to protection that articulates international human rights law with international environmental law. It also identifies the evolution of the principle of non-refoulement in contexts of severe environmental degradation, serious risks arising from climate phenomena, and special international guarantees for the most vulnerable populations, such as children and adolescents. The article concludes that environmental displacement must be addressed as a complex phenomenon that requires an integrated, human rights-based legal response that recognizes the right of people displaced by environmental causes to remain, transit, or relocate with dignity and security.

Translated title of the contributionTowards Multilevel Protection from Forced Displacement Due to Environmental Causes
Original languageSpanish
Pages (from-to)887-916
Number of pages30
JournalRevista Juridica Austral
Volume6
Issue number2
DOIs
StatePublished - 20 Dec 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 13 - Climate Action
    SDG 13 Climate Action
  2. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

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