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A Right to Enjoy Culture in Face of Climate Change: Implications for "Climate Migrants"

Author

Listed:
  • Margaretha Wewerinke

    (Cambridge Centre for Climate Change Mitigation Research, Department of Land Economy, University of Cambridge
    European University Institute, Florence, Italy)

Abstract

This paper considers the extent to which international human rights law offers protection to "climate migrants" irrespective of whether these persons would qualify for refugee status. In contrast with most existing literature, it does not focus on States’ obligations arising from the right to life or the prohibition of inhumane treatment. Instead, the paper focuses on the right of persons belonging to minorities to enjoy their culture as protected under Article 27 of the International Covenant on Civil and Political Rights. The paper peruses the Human Rights Committee's interpretation of Article 27, with particular attention to its link with the rights of peoples to self-determination and to freely dispose of their natural wealth and resources as protected under Article 1 of the Covenant. Based on this analysis the paper challenges the presupposition that a normative gap exists, pointing instead at a need for further research into the interpretation of norms and obstacles to enforcement.

Suggested Citation

  • Margaretha Wewerinke, 2013. "A Right to Enjoy Culture in Face of Climate Change: Implications for "Climate Migrants"," 4CMR Working Paper Series 007, University of Cambridge, Department of Land Economy, Cambridge Centre for Climate Change Mitigation Research.
    • Handle: RePEc:ccc:wpaper:007
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    File URL: http://be.4cmr.group.cam.ac.uk/working-papers/pdf/4cmr_WP_07.pdf
    File Function: First version, 2014
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    More about this item

    Keywords

    Cultural rights; Human rights; Climate change; International Law;
    All these keywords.

    JEL classification:

    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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