Deslocados climáticos: a decisão do comitê de direitos humanos da ONU no caso Ioane Teitiota x Nova Zelândia e seus possíveis reflexos no direito internacional dos direitos humanos

Abstract

The climate change predicted for the 21st century has numerous negative impacts, such as rising sea levels, which will result in the disappearance of various island countries. As a result, there will be an increase in the number of climate-displaced people, who, however, do not yet have specific legal protection under international law. This dissertation focuses on the communication delivered by the United Nations Human Rights Committee (HRC) in the case of Ioane Teitiota vs. New Zealand on January 7, 2020 (com. 2728/2016), seeking to understand their importance for the recognition of the rights of climate displaced people on the international stage. The research is based on an analysis of climate change as a cause of forced migration and the difficulties in classifying its victims in the existing categories of displaced persons, especially in international human rights and refugee law. The case of Ioane Teitiota v. New Zealand shows that the right to life and the principle of non-refoulement apply to such cases while highlighting the difficulties faced in proving the threshold of imminent risk of threat to life, as well as its relationship with the right to a healthy environment. The theories of Enrique Leff and Edgar Morin are proposed as interdisciplinary tools to address the complexity of this issue. In conclusion, the research reiterates the urgent need to implement international protection for climate displaced people, advocating international cooperation as the key to developing practical mechanisms.