How to establish the right of environmental refugee Under the provisions of international human rights law

Abstract

The deterioration and the increasing threat to the environment caused the emergence of new forms of asylum, which prompted people to forcibly leave their homeland and the emergence of the so-called environmental asylum, which has become a global reality that is not agreed upon by scholars, as the study dealt with the problem of establishing the right to environmental asylum in light of the provisions of international human rights law. Due to its great importance at the international level, especially as it relates to its legal nature and value.

The phenomenon of environmental asylum lacks its roots within the sources of general international law by creating rules that address the legal status of the environmental refugee, so the matter requires further treatment, study and research to reach the inclusion of environmental asylum as a human right and its protection under the justification of the human right to the environment.

The establishment of this right should be based on new concepts, so the international community should implement the human rights of the refugee and provide solutions for this new form of asylum, by establishing its own international system, and relying on international conventions, custom and general principles, as well as decisions of international organizations in finding the necessary mechanisms to ensure protection. Adequate and integrated environmental refugees, especially as their number is constantly increasing and accelerating.