Dignidade e o direito ao meio ambiente ecologicamente equilibrado: a proteção dos refugiados climáticos na América Latina

Abstract

This research aims to explore the relationship between dignity and the right to an ecologically balanced environment, and to do so, it delves deeper into the thematic scope of the protection of climate refugees in Latin America. In this way, it aims to analyze the current protection system of climate displaced people in the region, taking as a starting point the essential normative support for these individuals in light of International Human Rights Law. To this end, this thesis uses a human rights-based approach and is based on bibliographical, legislative and jurisprudential research, using several UN reports and resolutions as sources. The thesis also draws on empirical research, through the collection of data at the conferences of the 51st and 52nd Sessions of the Human Rights Council in Geneva. Thus, the research problem raises the following question: is it possible to protect climate refugees within the Inter-American Human Rights System? Through 4 chapters, the hypothesis put forward is that yes, it is possible to seek such protection through such means, either firstly, through the laws and constitutions of these countries that allow such protection by equivalence, in light of the Cartagena Declaration of 1984, or through climate litigation, which can occur both before the Inter-American System and before the UN system. Therefore, Chapter 1 will serve as an introductory basis for the thesis, addressing essential concepts for understanding climate change and the relationship between the environment and human rights. While Chapter 2 proposes to discuss the subject in light of the dignity of the human person, using the theory of humanization of International Law to support the existence of climate refugees. Consequently, Chapter 3 will return to the proposed thematic focus, the fundamental axis of this thesis: analyzing how protection for climate refugees is provided in Latin America, whether in the national systems of the countries or in the Inter-American System of Human Rights. Finally, Chapter 4 proposes a debate on possible remedies for climate refugees.