Refugiado ambiental

• Autor(a) principal: Arbex, Rebeca Heringer
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/145182
• topic: Crise migratória; Proteção internacional; Convenção de Genebra,; Refugiados ambientais; Pacto global; Migration crisis; International protection; Geneva Convention; Environmental refugees; Global compact; Direito

The present dissertation has, as a starting point, a special concern with the increasing number of environmental disasters and ecological imbalance - which has been triggering a scenario of insecurity, risks and uncertainties on a global scale - as well as their consequences and impacts in the human and legal dimension. The increasing occurrence of environmental disasters and the progressive degradation of natural resources give rise to new legal situations that need to be regulated by International Law and, among them, there is the figure of the environmental refugee: one who - due to environmental factors - finds himself compelled to move beyond the borders of their country. These are international migrants who, in addition to the obstacles already faced by environmentally forced migration, face the difficulties of admission and stay in another country, in addition to barriers related to language, local culture and access to the labor market. The environmental refugee - as a foreigner - will face the same migratory challenges as all other foreigners, added to the problems inherent to their category. Despite the term “refugee”, they do not have specific protection, as the 1951 Geneva Convention concept of refugee clearly does not include this category of people. Therefore, it is necessary to analyze not only this concept, but also the entire dynamics of the Refugee Statute and other international instruments, as well as the possibility and feasibility, in the current context, of creating a specific legal statute for disaster victim’s environmental issues. Currently, despite the existence of some international mechanisms, there is no specific and binding legal regime to deal with the issue. The lack of consensus in the international community and divergent political interests contribute to this gap not being filled.