Looking behind the Teitiota v. New Zealand case : Further Alternatives of Safeguard for Climate Change Refugees under the ICCPR and the ECHR?

Abstract

This article examines the legal implications of the case Ioane Teitiota v. New Zealand settled by the Human Rights Committee. After a brief analysis of the case law, the article highlights the role the decision can play in expanding the scope of article 6 (right to life) of the International Covenant on Civil and Political Rights (ICCPR) in order to protect individuals who are not refugees in the traditional sense, in particular allowing the application of the non-refoulement principle in cases where the risk of forcible return arises due to climate change The article further dwells on the heavy burden of proof the petitioner must meet in demonstrating the real and imminent risks to his right to life and reflects on possible legal developments under Article 17 ICCPR (right to private and family life) to extend protection to climate migrants with lower thresholds of proof. Finally, it considers the implications of the decision for the European Convention on Human Rights and the European Union's systems.