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Research Paper Volume 9 Issue 2 901 - 914 April 3, 2026

Climate Change and Migration: Evaluating Legal Status, Protection Gaps and EU’s Response to the Climate-induced Displacement

Lead author · Corresponding
Jaina John
LL.M. student at Symbiosis Law School, Pune, Maharashtra, India
Co-author
Sabarinath S
LL.M. student at Symbiosis Law School, Pune, Maharashtra, India
Abstract

This research analyses the relation between “climate change and human mobility” is considered, more specifically the legal status of people who have been displaced due to environmental hazards and the protection voids of the “European Union (EU) law”. The paper applies a doctrinal analysis, supplemented by a comparative methodology, and asserts that climate change is a “threat multiplier” amplifying forced displacement, but the current international refugee regime based on the “1951 Refugee Convention ” does not provide a conclusive status to so called “climatically displaced persons (CDPs)”. The paper examines the internal and external responses of the EU, such as the “Qualification Directive, the Temporary Protection Directive and the European Green Deal ”, and it discloses that the EU depends on the national practices that are dissimilar instead of having a unified “EU-wide protection regime”. Overall, the major key findings reveals that despite the inclusion of a human rights law, specifically “Article 3 of ECHR” and the “principle of non-refoulement”, which presupposes a complementary way, the lack of substantive enforcement persists, which makes it evident that the proactive integration of the legislation, as well as the recognition of migration as the process of adaptation, are necessary.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 901 - 914
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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