Volume 6 (No 1-2)
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Browsing Volume 6 (No 1-2) by Subject "domestic and comparative law"
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ItemAn examination of the protection of the rights of internally displaced persons in Europe: From the Kampala Convention and the UN Guiding Principles on Internal Displacement to a European convention(Global Campus Human Rights, 2022) Aliozi, Zoi ; Dor, Stav ; Gscheidlen, Anne Sophie ; Passuello, Chiara ; Drnovsky, AdamAt a time when violence and climate change are causing the displacement of millions of individuals globally, this article argues that the protection of the human rights of internally displaced persons (IDPs) should be put at the top of the European agenda. In light of Russia’s invasion of Ukraine, it is more important than ever that Europe creates its own legal protection framework. This article addresses the two major drivers of internal displacement, climate and conflict, and their impact on the rights of IDPs. It examines the existing framework of IDP protection in humanitarian law, the UN Guiding Principles on Internal Displacement, the African Union’s Kampala Convention, and the existing case law of the European Court of Human Rights (ECtHR) pertaining to IDPs’ rights. Through a human rights lens this article analyses both the merits and gaps of existing frameworks from which a European convention must learn. Using climate justice, intersectionality and psychological approaches, inter alia, it elaborates on various shortcomings identified in the areas of climate-induced displacement, mental health and the protection of vulnerable groups of IDPs, on which a European framework on IDP protection must expand. The goal of this article is to examine the above-mentioned issues not only in the context of current challenges but also in relation to future developments, since we will see further increases in internal displacement due to both armed conflict and climate change.
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ItemClimate displacement and the relevance of climate justice: A trend analysis of South Africa, Zimbabwe, South Sudan and Liberia(Global Campus Human Rights, 2022) Jegede, Ademola Oluborode ; Yeakula, Gerald Dan ; Ater, Justin Monyping ; Nare, Mosupatsila Mothohabonoe ; Fengu, Zanele ChristineDisplacement is a major consequence of climate change being faced by populations in Africa, as shown in the experiences of South Africa, Zimbabwe, Liberia and South Sudan. As a response to the injustices and inequalities experienced by vulnerable communities, the concept of climate justice has featured in academic writings and international policy documents on climate change. However, its reflection and application in domestic legal frameworks to the specific situation of climate-induced internal displacement in Africa are scant in academic engagement. Using a doctrinal approach in engaging with existing writings and instruments on displacement and climate justice, the study interrogates the extent to which the legal framework in South Africa, Zimbabwe, Liberia and South Sudan may apply in achieving climate justice for displaced persons. The study demonstrates that whereas there is a recognition of climate justice as a legal response to climate-induced internal displacement in international law, much remains to be achieved in terms of the reflection and application of the existing legal framework at the domestic level. It then makes specific recommendations on how to strengthen existing instruments to achieve climate justice for displaced persons.