2020Zbornik radova Pravnog fakulteta NisOpen access

The view of the Human Rights Committee in the case of Ioane Teitiota v. New Zealand, and its relevance for international law

Bojan Stojanović

Open full text 2 citations

Abstract

The paper analyzes the findings of the Human Rights Committee in the case of Ioane Teitiota v. New Zealand. The procedure was conducted in accordance with the provisions of the International Covenant on Civil and Political Rights and the First Optional Protocol to the Covenant. The Committee considered the violation of the right to life contained in Article 6, paragraph 1, of the Covenant. The applicant argued that his return to Kiribati, his country of origin, would jeopardize his right to life. The statement considered the negative effects of environmental damage and the impact of climate change on the applicant's right to life. The basic hypothesis of the paper is to consider the Committee's statement in the light of expanding the protection of the right to life and paving the way for recognizing the impact of climate change on the basis of human migration. In the future, this could develop normative activity and practice of international bodies and states in the direction of recognizing so-called environmental refugees.

Open-access reader

About this research paper

What this paper is about

The paper analyzes the findings of the Human Rights Committee in the case of Ioane Teitiota v. New Zealand. The procedure was conducted in accordance with the provisions of the International Covenant on Civil and Political Rights and the First Optional Protocol to the Covenant. The Committee considered the violation of the right to life contained in Article 6, paragraph 1, of the Covenant. The applicant argued that his return to Kiribati, his country of origin, would jeopardize his right to life. The statement considered the negative effects of environmental damage and the impact of climate change on the applicant's right to life. The basic hypothesis of the paper is to consider the Committee's statement in the light of expanding the protection of the right to life and paving the way for recognizing the impact of climate change on the basis of human migration. In the future, this could develop normative activity and practice of international bodies and states in the direction of recognizing so-called environmental refugees.

Why it matters

OpenAlex reports 2 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

The paper analyzes the findings of the Human Rights Committee in the case of Ioane Teitiota v. New Zealand. The procedure was conducted in accordance with the provisions of the International Covenant on Civil and Political Rights and the First Optional Protocol to the Covenant. The Committee considered the violation of the right to life contained in Article 6, paragraph 1, of the Covenant. The applicant argued that his return to Kiribati, his country of origin, would jeopardize his right to life. The statement considered the negative effects of environmental damage and the impact of climate change on the applicant's right to life. The basic hypothesis of the paper is to consider the Committee's statement in the light of expanding the protection of the right to life and paving the way for recognizing the impact of climate change on the basis of human migration. In the future, this could develop normative activity and practice of international bodies and states in the direction of recognizing so-called environmental refugees.

Key concepts: Covenant, International Covenant on Civil and Political Rights, Human rights, Law, Normative, Relevance (law), Political science, Statement (logic)

Related papers

Back to paper searchBrowse research topicsOriginal source
The view of the Human Rights Committee in the case of Ioane Teitiota v. New Zealand, and its relevance for international law — Research Paper | ScholarLens