"A Global Concern Through Local Lenses" A Human Rights-Based Approach to Georgia’s Law and Policy Framework on Disaster- and Climate Change-Induced Internal Displacement
(2021) JAMM07 20211Department of Law
Faculty of Law
- Abstract
- Every year, millions of people are internally displaced as a result of disasters and the adverse effects of climate change. Considering that climate change acts as a “threat multiplier”, thus, posing a serious risk to the fundamental rights, such as the rights to life, health, food, an adequate standard of living of individuals and communities worldwide, it is expected that the magnitude of this issue will increase. However, given the lack of international “hard law” protection mechanisms
and states’ primary responsibilities to uphold the rights of those internally displaced due to disasters and climate change effects, the pertinent domestic law and policy documents have the utmost importance. Therefore, the thesis examined the case of... (More) - Every year, millions of people are internally displaced as a result of disasters and the adverse effects of climate change. Considering that climate change acts as a “threat multiplier”, thus, posing a serious risk to the fundamental rights, such as the rights to life, health, food, an adequate standard of living of individuals and communities worldwide, it is expected that the magnitude of this issue will increase. However, given the lack of international “hard law” protection mechanisms
and states’ primary responsibilities to uphold the rights of those internally displaced due to disasters and climate change effects, the pertinent domestic law and policy documents have the utmost importance. Therefore, the thesis examined the case of Georgia as one of the few countries that have a specific normative and policy framework for the protection of IDPs in disaster and climate change-related contexts. By applying the Human Rights-Based Approach as a methodology, the analysis dealt with two main questions: how does Georgia’s legal and policy
framework address internal displacement in the context of disasters and the adverse effects of climate change, and how could Georgia’s efforts to prevent, mitigate, and end disaster- and climate change-induced internal displacement be enhanced.
The analysis revealed that the framework, on the one hand, partially or fully encompasses some aspects of the Human Rights-Based Approach. On the other hand, limitations have been identified in relation to all the elements of the Rights-Based Approach. The appraisal of the implementation practices, particularly focusing on the right to adequate standards of living without discrimination
- as a crucial aspect of durable solutions, demonstrated that implementation processes are often ineffectively handled.
Therefore, the thesis argued that there is a dire need to strengthen the current framework by proposing and analysing three possible prospects in this regard. One relates to the amendment of the existing law, thus, extending the current definition of an IDP in Georgia. The definition explicitly excludes IDPs in disaster and climate change-related contexts from its scope. The second perspective would be the adoption of a new law, thus discussing de lege ferenda. While
the third scenario suggests the enhancement of the current framework by strengthening the focus on durable solutions, as well as the DRRM and CCA strategies in managing disaster and climate change-induced internal displacement. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9059073
- author
- Mosiashvili, Ana LU
- supervisor
- organization
- course
- JAMM07 20211
- year
- 2021
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- internal displacement, disasters, the adverse effects of climate change, Human Rights-Based Approach, human rights, Guiding Principles on Internal Displacement, IDPs, Ecomigrants, Georgia
- language
- English
- id
- 9059073
- date added to LUP
- 2021-07-12 12:28:02
- date last changed
- 2021-07-12 12:28:02
@misc{9059073,
abstract = {{Every year, millions of people are internally displaced as a result of disasters and the adverse effects of climate change. Considering that climate change acts as a “threat multiplier”, thus, posing a serious risk to the fundamental rights, such as the rights to life, health, food, an adequate standard of living of individuals and communities worldwide, it is expected that the magnitude of this issue will increase. However, given the lack of international “hard law” protection mechanisms
and states’ primary responsibilities to uphold the rights of those internally displaced due to disasters and climate change effects, the pertinent domestic law and policy documents have the utmost importance. Therefore, the thesis examined the case of Georgia as one of the few countries that have a specific normative and policy framework for the protection of IDPs in disaster and climate change-related contexts. By applying the Human Rights-Based Approach as a methodology, the analysis dealt with two main questions: how does Georgia’s legal and policy
framework address internal displacement in the context of disasters and the adverse effects of climate change, and how could Georgia’s efforts to prevent, mitigate, and end disaster- and climate change-induced internal displacement be enhanced.
The analysis revealed that the framework, on the one hand, partially or fully encompasses some aspects of the Human Rights-Based Approach. On the other hand, limitations have been identified in relation to all the elements of the Rights-Based Approach. The appraisal of the implementation practices, particularly focusing on the right to adequate standards of living without discrimination
- as a crucial aspect of durable solutions, demonstrated that implementation processes are often ineffectively handled.
Therefore, the thesis argued that there is a dire need to strengthen the current framework by proposing and analysing three possible prospects in this regard. One relates to the amendment of the existing law, thus, extending the current definition of an IDP in Georgia. The definition explicitly excludes IDPs in disaster and climate change-related contexts from its scope. The second perspective would be the adoption of a new law, thus discussing de lege ferenda. While
the third scenario suggests the enhancement of the current framework by strengthening the focus on durable solutions, as well as the DRRM and CCA strategies in managing disaster and climate change-induced internal displacement.}},
author = {{Mosiashvili, Ana}},
language = {{eng}},
note = {{Student Paper}},
title = {{"A Global Concern Through Local Lenses" A Human Rights-Based Approach to Georgia’s Law and Policy Framework on Disaster- and Climate Change-Induced Internal Displacement}},
year = {{2021}},
}