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
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.