14 - The Role of Environmental Disasters in Asylum Cases: Do German Courts Take Disasters into Account?

Summary

This chapter investigates the current degree of protection granted by German courts for persons displaced in the context of environmental disasters and climate change. The research shows that German courts address the situation of persons displaced in the context of natural disasters when evaluating a ban on deportation according to Art. 3 ECHR. Especially with regards to three countries – Afghanistan, Iraq, and Somalia – the German courts analysed the effects of natural disasters in a very detailed manner. While not always regarded as a conclusive element on their own, the natural disasters seem to support requests for a ban on deportation. The German cases are examples of how protection might be possible outside the Refugee Convention. They tie in well with the HRC’ Teitiota v. New Zealand decision and show that human rights law can play a significant role. In spite of the lack of a specific legal framework to address persons displaced due to natural disasters and climate change-related harm, we should not ignore the legal instruments that already exist. This chapter attempts to increase the general awareness of Art. 3 ECHR non-refoulement for people displaced due to natural disasters.