An 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

Abstract

At 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.