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.

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Sufi and Elmi v The United Kingdom (Application nos. 8319/07 and 11449/07) [2011] ECHR 1045 (28 June 2011)

28 Jun 2011

Decision in judgment: In favor of the applicant

Country of origin

Somalia

Host origin

United Kingdom

Type of mobility

Cross-border

Hazard

Drought

Rights invoked

Right to Life

Vulnerability characteristics

Ethnicity/Nationality/Clan affiliation

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

An important decision establishing that the European Court of Human Rights can protect people from refoulement in situations where the conduct of the parties to a conflict can be established as the "predominate cause" of a humanitarian crisis. In that case, the legal test has regard to an applicant’s ability to cater for his most basic needs, such as food, hygiene and shelter, his vulnerability to ill-treatment and the prospect of his situation improving within a reasonable time-frame.

Names of all parties

Mr Abdisamad Adow Sufi (Applicant). Mr Abdiaziz Ibrahim Elmi (Applicant). The United Kingdom of Great Britain and Northern Ireland (Respondent).

Name of court

European Court of Human Rights - Court of final instance.