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.
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.