Climate refugees face significant challenges, including legal exclusion, identity loss, and social marginalisation

The gap

Evidence profile

Sourced from the recommendations and inline gaps and stated challenges and future-work section of the source papers, classified as general, drawn from work published between 2025 and 2026, spanning 4 journals.

Supporting evidence — 4 representative gaps

• Climate-Induced Displacement under Refugee Law: Assessing the Legal Framework for Recognition and Protection (2026) · Zenodo (CERN European Organization for Nuclear Research) · doi

  •Adoption of a Dedicated International Convention Existing legal frameworks are not adequate to protect this group of migrants and a special international convention should be adopted to deal with migration that is caused by climate change. Such an instrument ought to set up a coherent legal framework which is in keeping with the particular nature of climate-induced displacement. This new convention should also cover the legal and humanitarian issues, with a definition that will still apply in future scenarios. It should cover all sub-categories of climate change migrants such as affected by direct and indirect impacts. The definition should include six components: 1) Forced migrations, 2) Temporary or permanent relocation, 3) Cross-border movement, 4) Climate related disruption, 5) Sudden or slow onset environmental disruption, 6) Human contribution to environmental disruption. It should include provisions for equitable responsibility-sharing of States and the international community, and for the effective institutional mechanisms of the implementation and enforcement of the convention. • Development of an Interim International Guiding Framework A framework should be put in place to guide the protection of migrants as a result of climate change, in the absence of an international convention. This framework should be based on and aligned with existing refugee and human rights law, it should be clear about the protection that is already provided, and it should offer guidance on how to apply these principles to displacement caused by climate change rather than formulating 111M. R. Rwelamira, ‘Two Decades of the 1969 OAU Convention Governing the Specific Aspects of the Refugee Problem in Africa’ (1989) 1(4) International Journal of Refugee Law 557, 558 66 https://jlpj.bshrls.org Vol. 1, No. 1, pp. 48-71, 2026 new rules. •Providing Complimentary Protection Mechanism Journal of Law, Policy and Justice (JLPJ) While international human rights law does not explicitly address climate change induced migrants, it provides protection through complementary protection for those who are not refugees but who need international protection because of climate change. A number of countries, such as the European Union, the United States, Canada, New Zealand, Australia, Hong Kong and Mexico, have implemented such mechanisms. A crucial form is temporary protection, for those who are not able to return home because of environmental disasters. The USA’s Temporary Protected Status (TPS) has been issued, for instance, to nationals from countries facing natural disasters such as Haiti after the earthquake.112 Likewise, the EU Temporary Protection Directive and the Aliens Act of Finland may be read as allowing for temporary protection of those whose displacement has resulted from a climate induced environmental disaster.113 •Applica

  generalrecommendations
  Keywords: climate protection international convention change temporary migrants framework environmental legal induced displacement disruption human refugee
• Climate Migration, Moral Dilemmas, and Moral Motivation (2025) · Ethics & International Affairs · doi

  Those fleeing climate disruption share many traits with refugees and asylum seekers but are not understood to have the same legal rights granted to refugees and asylum seekers; I will therefore use the broader language of migrant, while acknowledging that migrants fleeing climate change are comprehensible as involuntary migrants, rather than economic migrants.

  generalinline gaps
  Keywords: migrants fleeing climate refugees asylum seekers disruption share traits understood legal rights granted broader language
• Climate Refugees in the Focus of International Policy: Threats to Security and Human Rights (2026) · Journal of Human Rights and Social Work · doi

  Climate refugees face significant challenges, including legal exclusion, identity loss, and social marginalisation. Host countries experience socio-economic and political pressures due to large-scale climate migration. The development of flexible legal and policy instruments is necessary to address normative gaps.

  generalstated challengesevidence 5/5
  Keywords: climate refugees face significant challenges including legal exclusion
• PENGATURAN HAK KONSTITUSIONAL PENGUNGSI IKLIM DALAM PERSPEKTIF HAM (2026) · SULTAN ADAM: Jurnal Hukum dan Sosial · doi

  Further research is needed to analyze the implementation of the constitutional provisions. Further research is needed to develop more effective policies and laws to protect the rights of climate refugees. Further research is needed to raise awareness about the importance of protecting the rights of climate refugees.

  generalfuture-work sectionevidence 4/5
  Keywords: further research needed analyze implementation constitutional provisions develop

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