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Climate Migrants’ Right to Enjoy their Culture

Wewerinke-Singh, Margaretha (2018) Climate Migrants’ Right to Enjoy their Culture. In: Climate Refugees: Beyond the Legal Impasse? Routledge, Melbourne, Australia, TBC. ISBN 9781138088825

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This paper considers the extent to which international human rights law offers protection to ‘climate migrants’ irrespective of whether these persons would qualify for refugee status. In contrast with most existing literature, it does not focus on States’ obligations arising from the right to life or the prohibition of inhumane treatment. Instead, the paper focuses on the right of persons belonging to minorities to enjoy their culture as protected under Article 27 of the International Covenant on Civil and Political Rights. The paper peruses the Human Rights Committee’s interpretation of Article 27, with particular attention to its link with the rights of peoples to self-determination and to freely dispose of their natural wealth and resources as protected under Article 1 of the Covenant. Based on this analysis the paper challenges the presupposition that a normative gap exists, pointing instead at a need for further research into the interpretation of norms and obstacles to enforcement.

Item Type: Book Chapter
Subjects: K Law > K Law (General)
Divisions: Faculty of Arts, Law and Education (FALE) > School of Law
Depositing User: Generic Email
Date Deposited: 09 Jun 2018 03:45
Last Modified: 09 Jun 2018 03:58

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