A/HRC/38/21
20.
Likewise, children who migrate or whose parents migrate due to climate change may
be separated from their cultural heritage and face difficulties accessing schools, adequate
health care and other necessities. 26 Refugee and other migrant children that miss
educational opportunities and/or are left behind by caregivers may suffer long-term
socioeconomic impacts, neglect, abuse and exploitation. 27
21.
Climate change-related migration can also exacerbate pre-existing inequalities and
intensify gender-specific dimensions of discrimination and poverty. 28 According to the
Committee for the Elimination of Discrimination Against Women, in its general
recommendation No. 37 (2018) on gender-related dimensions of disaster risk reduction in
the context of climate change, women migrants face a heightened risk of gender-based
violence, including human trafficking and other forms of discrimination. They may also
face specific human rights violations owing to a lack of adequate sexual, reproductive and
mental health services, as well as discrimination in accessing employment, social security,
education, housing, legal documents and justice. Women who migrate may also be
vulnerable to climate change impacts in destination areas. Furthermore, gender-based
stereotypes, household responsibilities, discriminatory laws, lack of economic resources
and limited access to social capital frequently restrict the ability of women to migrate.
22.
Those disproportionately affected by climate change — including migrants — are
not inherently vulnerable and do not necessarily lack resilience or agency. They should not
be treated as victims. On the contrary, they must be recognized as agents, actors and leaders
in addressing climate change and its impacts including those related to human mobility. In
the Sendai Framework for Disaster Risk Reduction 2015–2030, for example, it is
recognized that migrants contribute to the resilience of communities and societies, and their
knowledge, skills and capacities can be useful in the design and implementation of disaster
risk reduction. Empowering migrants affected by climate change to contribute to and
benefit from climate change mitigation and adaptation efforts will require closing human
rights protection gaps and ensuring their access to information, decision-making processes
and justice.
III. Closing human rights protection gaps for climate changerelated cross-border movement
23.
The human rights protection gaps for persons crossing borders in response to climate
change result from, inter alia, legal and policy gaps, including failure to implement human
rights obligations, inadequate understanding of the linkages between human rights, climate
change and human mobility, and insufficient means of implementation to support climate
change mitigation and adaptation, including safe, orderly and regular migration.
A.
International law and policy frameworks that specifically address
human mobility and/or climate change
1.
Refugee law
24.
Although people on the move in climate contexts may experience similar hardships
as refugees, the definition of refugee under the Convention relating to the Status of
Refugees excludes the majority of people who cross international borders because of
climate change.29 The Convention defines a refugee as a person outside their country of
nationality or habitual residence that cannot return owing to a well-founded fear of
persecution for reasons of race, religion, nationality, membership of a particular social
26
27
28
29
See A/HRC/35/13, para. 27; and UNICEF input.
UNICEF input.
See Atlas of Environmental Migration (footnote 24 above), p. 90.
See J. McAdam, “Climate Change Displacement and International Law: Complementary Protection
Standards”, (2011), pp. 12–14. Available at www.unhcr.org/protection/globalconsult/4dff16e99/19climate-change-displacement-international-law-complementary-protection.html.
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