En varmare planet - ett kvinnoproblem: Kvinnors möjlighet att få skydd från klimatrelaterade katastrofer genom flyktingstatus alternativt den miljörättsliga principen om "Common But Differentiated Resposibilities"

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Migration is a considerable, as well as an inevitable, consequence of climate change. As the frequency and dimension of climate change events increase, climate induced migration will increase as well. Not all states have contributed equally to the anthropogenic climate change, nor do they face the same risks connected with it. Furthermore, climate change does not affect everyone within a state in the same way, since some groups and individuals therein are more vulnerable than others. Women are often considered constituting one such group, who often, due to social and economic inequalities, are more adversely affected by climate change compared to men. The purpose of this thesis is to examine the possibility of female climate migrants to be granted refugee status under the 1951 Refugee Convention and its 1967 Protocol, and also whether the international environmental law principle of "Common But Differentiated Responsibility" (CBDR) can offer this group of individuals protection by obliging states to receive them. I take a "Human Rights-Based Approach" (HRBA), since international human rights law is used to examine both possibilities for protection. Moreover, inspired by an intersectional risk perspective, I consider how the interplay between various systems of power result in women's vulnerability to climate change events. Depending on such interplay, the vulnerability of women varies. A woman's vulnerability worsens if adversely affected by a climate change event, which, in turn, can result in serious denials or violations of basic human rights, which her home state is at least partly responsible for, because of its act or omission. Using a HRBA, a situation like this may amount to persecution, especially if the woman is exposed to intersectional discrimination. However, the remaining prerequisites in the refugee definition must be established before refugee status can be issued. Consequently, the possibility for female climate migrants to be granted refugee status exists, but is strongly limited, and therefore of little practical value for the women in need of protection. While international refugee law is closely related to international human rights law, the relationship between international environmental law and international human rights law is less clear. The principle of CBDR takes into account that different states have contributed to the anthropogenic climate change to various degrees, and that different states do not have the same capabilities when it comes to responding to its consequences. According to the principle of CBDR, states have a common but differentiated responsibility to tackle climate change. A state's degree of responsibility depends, among other factors, on its resources, capabilities and economic development. If the principle of CBDR is extended in a way that allows it to take states' different socioeconomic capabilities to address various forms of discrimination and inequalities into account, the intersectional risk perspective may become the bridge between international environmental law and international human rights law that allows the principle of CBDR to identify a common but differentiated responsibility to receive female climate migrants. Such a responsibility is based on states' extraterritorial human rights obligations, and on the fact that states not only have contributed to the anthropogenic climate change and climate induced migration to various degrees, but also have different capabilities to address various forms of discrimination and inequalities.

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