The Unseen Tide: Climate Refugees, Gender, and the Urgent Call for Legal Recognition

The world is witnessing a silent exodus—not one driven by overt conflict or political persecution, but by the insidious forces of climate change. Rising sea levels swallow coastlines, droughts parch fertile lands, and extreme weather events obliterate homes and livelihoods, forcing millions to flee areas once deemed habitable. This phenomenon, known as climate-induced displacement, is rapidly emerging as one of the most pressing humanitarian crises of our time. At the forefront of this crisis are climate refugees—individuals compelled to leave their homes due to environmental degradation—and among them, women face a unique and harrowing set of challenges.

Traditionally, the 1951 Refugee Convention has served as the cornerstone of international refugee protection. However, this convention, conceived in the aftermath of World War II, remains narrowly focused on cases of persecution and political upheaval. Its limited definition fails to encompass those who are forced to migrate because of climate change. As a result, millions of people displaced by environmental factors find themselves in a legal void, without the international protection that would help secure their rights and safety. This inadequacy is not just a legal oversight but a profound injustice, as the convention does not reflect the complex realities of a world increasingly shaped by climate change.

Women, who are often already marginalized in various socio-economic contexts, are disproportionately affected by climate-induced displacement. In many parts of the world, women are primarily responsible for securing food, water, and energy for their families. As droughts wither crops and floods contaminate water supplies, these essential resources become scarce. Consequently, women are forced to travel longer distances to secure water, sometimes putting their lives at risk. Additionally, in situations of displacement, women frequently endure heightened vulnerabilities—facing increased risks of sexual and gender-based violence, exploitation, and abuse. Overcrowded camps and temporary shelters often lack adequate security, further exacerbating the challenges these women face. Moreover, marginalized groups such as the elderly, disabled, and LGBTQI+ individuals experience compounded discrimination, often being excluded from relief efforts or safe shelters.

The urgency of these issues underscores the need to expand the scope of refugee law. Legal and humanitarian imperatives call for a reinterpretation of the 1951 Refugee Convention to include those displaced by environmental disasters. There is growing recognition that existing international human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, provide a robust foundation for protecting the fundamental rights of climate refugees. These instruments enshrine rights to life, liberty, and an adequate standard of living—rights that are directly threatened by the impacts of climate change.

A crucial principle that offers protection to climate refugees is non-refoulement. As a cornerstone of customary international law, non-refoulement prohibits the return of individuals to places where their lives or freedom would be threatened. Extending this principle to climate refugees, particularly women who face an elevated risk of harm, is both a legal necessity and a humanitarian imperative. Recent advisory opinions and evolving jurisprudence in international courts signal a growing recognition of this need. For instance, the case of Ioane Teitiota and subsequent legal discussions indicate that courts are beginning to appreciate the broader context of displacement, calling for a more flexible and inclusive approach to refugee law.

Looking forward, the international community must act swiftly to bridge this legal gap. Reimagining refugee law to encompass climate displacement requires the adoption of gender-responsive frameworks that specifically address the vulnerabilities of women. This might involve reinterpreting existing legal provisions or drafting new international instruments that offer comprehensive protection for climate refugees. Moreover, robust implementation of the non-refoulement principle is essential to ensure that individuals fleeing environmental disasters are not forced back into dangerous conditions.

Climate change is not merely an environmental issue—it is a profound human rights crisis that is reshaping migration patterns and challenging established legal frameworks. The inadequacies of the 1951 Refugee Convention have left millions of climate refugees without protection, a situation that is particularly dire for women, who bear the brunt of environmental degradation and displacement. To address this, the international community must expand the scope of refugee law, ensuring that legal protections evolve in tandem with the realities of climate change. By adopting more inclusive, gender-sensitive legal frameworks and rigorously applying the principle of non-refoulement, we can better safeguard the rights and dignity of those forced to leave their homes by environmental disasters. Only through such comprehensive reforms can the international community hope to address the escalating crisis of climate-induced displacement and ensure a future where justice and human rights prevail amidst the challenges posed by climate change.

References-

1 Aruna B. Venkat, “GLOBAL WARMING AND REFUGEES OF CLIMATE CHANGE” 4 ELPR 116 (2015).

2 Chindarkar, Namrata., “Gender and Climate Change-Induced Migration: Proposing a Framework for Analysis”7(2) Environmental Research Letters 25 (2012).

3 Isabelle R. Gunning, “Expanding the International Definition of Refugee: A Multicultural View” 13(1)Fordham International Law Journal 35 (1989).

4 Alexander Betts, Survival Migration: Failed Governance and The Crisis Of Displacement 93 (2013).

5 Global Gender and Climate Alliance, Gender and Climate Change: A Closer Look at Existing Evidence (2016), available at http://wedo.org/wp content/uploads/2016/11/GGCA-RP-FINAL.pdf (last visited April 2, 2025.

6 J.C. Gaillard, Andrew Gorman-Murray and Maureen Fordham, “Sexual and gender minorities in disaster” Gender, Place and Culture, vol. 24 (2017).

7 Id.

8 Id.

9 “Ensuring safe and regular migration for women and girls in the context of climate change,” UN Women –Headquarters, 2019 available at: https://www.unwomen.org/en/digital-library/publications/2023/06/policy brief-ensuring-safe-and-regular-migration-for-women-and-girls-in-the-context-of-climate-change (last visited November 11, 2024).

10 Universal Declaration of Human Rights, 1948, Art. 3 & Art. 15: International Covenant on Civil and Political Rights, 1966, Art. 3 & Art. 6

11 UNHCR, UNHCR Note on the Principle of Non-Refoulement, Nov. 1997, available at: https://www.refworld.org/docid/438c6d972.html  (last visited April 2, 2025).

12 AF (Kiribati) [2013] NZIPT 800413, para. 64.

13 M K Ranjitsinh vs. Union of India, 2024 INSC 280: Soering v. United Kingdom, 161 Eur. Ct. H.R. (ser.1) (1989); Cruz Varas v. Sweden, Application No. 15567/89, (Mar. 20, 1991): Zaoui v. Attorney General, [2005] 1 NZLR 690

This article is authored by Rajul Shrivastava. He was among the Top 40 performers in the Legal Drafting Quiz Competition organized by Lets Learn Law.