The Climiglaw Database

A global climate mobility case law database

This is a beta version of the Climiglaw Database, a free-to-access global database collating and summarising judicial decisions concerning all forms of internal and cross border climate-related (im)mobility. It is co-created by the Global Strategic Litigation Council, Earth Refuge, the Raoul Wallenberg Institute and the Zolberg Institute for Migration & Mobility.
The database is designed to support civil society in their efforts across the world to effectively advocate for the rights of all climate-displaced people. If you have any feedback or would like to propose new cases to add to the database, please click here.

TIMELINE OF THE CASE

Decided in favor of the State

Decided in favor of the applicant

2020

2022

BACK

VGH Baden-Württemberg (17.12.2020) A 11 S 2042/20

17 Dec 2020

Decision in judgment: In favor of the applicant

21 Apr 2022

Appellate decision: In favor of the State

Country of origin

Afghanistan

Host origin

Germany

Type of mobility

Cross-border

Hazard

Epidemic/Pandemic/Other

Rights invoked

Prohibition of Torture, Inhumane and Degrading Treatment

Vulnerability characteristics

Age

Applicant description

Adult man

Case type

Category 1: Court directly considers impacts of disasters, environmental degradation or climate change related to the claim.

Category 2: Applicant expressly relies on the impacts of disasters, environmental degradation or climate change.

Description

Conditions in Afghanistan arising from COVID-19-related lockdown measures are sufficiently adverse as to give rise to an Article 3 ECHR-based non-refoulement obligation in the case of a young Afghan man with no social support network facing return to Kabul.

Names of all parties

Anonymous (Applicant). German Federal Office for Migration and Refugees (Respondent.)

Name of court

Verwaltungsgerichtshof Baden-Württemberg, Germany - Court of second instance.

Other documents