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.

BACK

Ioane Teitiota v New Zealand CCPR/C/127/D/2728/2016

24 Oct 2019

Decision in judgment: In favor of the State

Country of origin

Kiribati

Host origin

New Zealand

Type of mobility

Cross-border

Hazard

Sea Level Rise

Rights invoked

Right to Life

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

This case is the most authoritative international human rights legal articulation of how the non-refoulement principle applies in relation to applications for international protection advanced under Article 6 of the International Covenant on Civil and Political Rights (ICCPR). The Human Rights Committee determined that Article 6 does establish a non-refoulement obligation in situations where a person can demonstrate ‘substantial grounds for believing that there is a real risk of irreparable harm such as that contemplated by articles 6 and 7 of the Covenant’ having regard to the totality of adverse conditions appertaining in the country of origin, including those arising in the context of climate change. Key issues relate to the foreseeability of the feared harm as well as the severity of harm feared.

Names of all parties

Ioane Teitiota. State of New Zealand.

Name of court

United Nations Human Rights Committee (HRC) - Court of final instance.

Other documents