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LESS THAN 1% OF ALL CLIMATE CHANGE COURT CASES DEAL IN ANY WAY WITH CLIMATE DISPLACEMENT Despite the worsening climate displacement crisis, as of late-2023 only 19 cases relating to climate displacement have thus far been brought to the attention of courtrooms around the world. This new DS report outlines the nature of each of the 19 cases and articulates the immense judicial ground that still needs to be covered to fully protect the rights of climate displaced persons and communities.
Executive Summary
Ten years following the adoption of the Peninsula Principles on Climate Displacement Within States (‘Peninsula Principles’) in August 2013, the relevance of this normative framework for addressing climate displacement has never been greater. As the effects of climate change worsen - now touching all corners of the planet - the escalating severity of extreme heat and weather events, drought, rising sea levels and other effects are causing widespread climate displacement. By adhering to the ‘Peninsula Principles,’ states can help safeguard the internationally recognised human rights of those affected by climate displacement. Additionally, communities and individuals who are at risk can use these principles as an organising tool to ensure their rights are protected. When human rights are under threat or simply ignored, people are increasingly turning to the courts to seek remedies for damage caused by climate change, including climate displacement.
This report examines the global judicial landscape as it relates to climate displaced persons with a focus on how human rights arguments have been advanced and/or addressed in judicial decisions. It is designed to provide a clear understanding of the current state of climate displacement jurisprudence and the human rights arguments that have been used by individuals and communities displaced by climate change.
To date, millions of people have already been displaced due to climate change and there are no realistic scenarios that predict that these numbers will not increase in coming years. However, less than 1% of all judicial cases dealing with climate change issues have focused on any aspect of climate displacement. Only 19 of almost 2,400 judicial cases have addressed climate displacement themes. This is a stark contrast to the 2,370 cases listed by the Climate Case Chart that relate to broader climate change concerns. This disparity highlights the need for greater judicial attention and resources to be dedicated to specifically addressing climate displacement. The gap becomes even more pronounced considering that litigation related to climate change is among the fastest growing type of legal action worldwide. We hope to inspire action to bridge this gap through the findings and analysis contained within the present report.
Climate displacement can and does subject people to the violation of basic human rights. Displaced individuals and communities often grapple with securing fundamental rights such as housing, food, water, livelihoods and other social and economic rights. In the judicial context, climate displacement has been addressed across various jurisdictions and primarily involves states as the defendants. This report examines the human rights arguments made in the 19 cases just noted.
Displacement Solutions (DS) has been actively involved in the study and application of climate case law since 2020, beginning with a review of leading climate change judicial decisions. The purpose of such study is to understand as deeply as possible the complex intersection of climate change and human rights, in order to understand how this interplay can be used as a way of protecting the rights of climate displaced persons.
This report forms a core element of a one-year project involving a series of events commemorating the tenth anniversary of the Peninsula Principles, a text that remains as valid today as when it was approved in 2013. With this report and all our efforts at Displacement Solutions, we again urge governments everywhere to promptly establish the national institutions needed to adequately address the multitude of climate displacement challenges that will face every country across the world. These processes need to begin in earnest today.
While this report is about climate displacement litigation, it aims to provide a general overview that will be accessible to community organisations and activists who are not legally trained but who are interested in holding governments to account. It therefore seeks to avoid extensive technical legal analyses and legal terms in an effort to encourage a broader range of people to consider litigating this issue.
This report was drafted by Viraaj Akuthota and finalised with editorial inputs from Shaun Butta, Kirsten Young and myself. Graphic design and other artistic work were carried out by Arteria Design.
Scott Leckie
Executive Director