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Briefly Noted

Published online by Cambridge University Press:  28 September 2020

Extract

In January 2020, the UN Human Rights Committee ruled that states cannot deport people who face “climate change-induced conditions that violate the right to life.” According to a UN press release, the complaint in this case was filed by Ioane Teitiota who was denied asylum in New Zealand and deported with his family to his native Kiribati. Following his deportation, he filed a complaint with the Human Rights Committee, alleging that his deportation violated his right to life and that the rise of the sea level and other climate change impacts rendered Kiribati uninhabitable. Though the Committee determined that, on the facts, Mr. Teitiota's right to life was not violated, the Committee specifically indicated that “"this ruling sets forth new standards that could facilitate the success of future climate change-related asylum claims.” In particular, the Committee determined that asylum seekers need not demonstrate that they would face imminent harm if returned to their home states because the negative effects of climate change can occur suddenly and more slowly, over the longer-term.

Type
Briefly Noted
Copyright
Copyright © American Society of International Law 2020

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