Executive Summary

A groundbreaking shift in migration policy is emerging as regional courts increasingly address climate change through human rights frameworks. This development unites regions, fosters legal innovation, and directly impacts vulnerable groups, including migrants and refugees, by holding states accountable for climate adaptation and mitigation obligations.

Historical Context: Climate Change and Human Rights

Climate change has long been recognized as an existential threat, but its intersection with human rights has only recently gained traction in international courts. Vulnerable populations, including migrants and refugees, are disproportionately affected by climate-related disasters, prompting legal systems to address state accountability.

Regional courts such as the European Court of Human Rights (ECtHR), the Inter-American Court of Human Rights (IACtHR), and the African Court on Human and Peoples’ Rights are pioneering this effort. Cases like Klimaseniorinnen and advisory opinions from these courts are shaping a cross-regional legal framework that emphasizes the protection of human rights in the face of climate emergencies.

Uniting Regions Through Climate Litigation

Regional courts are bridging geographical and legal divides by addressing climate change collectively. For instance, the Bonaire decision, adjudicated in Europe, drew inspiration from the Inter-American approach to human rights, highlighting vulnerabilities shaped by colonial histories. This demonstrates how climate litigation can unite regions and amplify voices from the Global South.

Learning Across Legal Systems

The cross-regional dialogue between courts fosters legal innovation. Strategic litigation, expedited case management, and unprecedented participation from non-state actors are common features across systems. These practices not only enhance the effectiveness of climate litigation but also ensure that vulnerable groups, including migrants, are central to legal strategies.

Expanding Climate Justice into the Mainstream

Climate change litigation is becoming a mainstream legal issue, with courts adopting proactive communication strategies to engage the public. For example, the ECtHR’s media package for climate cases and the IACtHR’s microsite on climate advisory opinions demonstrate a shift toward transparency and inclusivity, ensuring broader societal impact.

Impact on Migrants

The growing corpus of climate change law across regional courts signals a promising future for global climate justice. By uniting regions and prioritizing vulnerable populations, including migrants, these legal frameworks pave the way for a more equitable and sustainable world.