On The Legal Protection Of The Human Rights Of Environmental Refugees

Due to the continuous deterioration of the global environment,more and more people are forced to migrate because of the unsuitable environment,which leads to the emergence of environmental refugees.Compared with traditional refugees,the human rights of environmental refugees do not have sound legal protection at present.One reason is that,when the traditional refugees threaten the stability of the international community,the environmental refugees have not yet aroused the attention of the world,and the legal system based on the environmental refugees has not been established.However,with the enhancement of human development in nature,the destruction of the natural environment has further intensified,the number of refugees in the environment is rising,and how the human rights of the environmental refugees are becoming a global challenge.Based on the legal protection of human rights as the breakthrough point,mainly from the following four aspects,and makes every effort to solve environmental refugees human rights problem to find the right solution: first,through the analysis of general theory of environmental refugees,from the formation of the refugees and the related legal norms of human rights protection,is pointed out that the formation and the definition of environmental refugees and refugees in the international legal standard on the relatively clear,environmental refugees academic and legal disputes exist;Highlight the characteristics of environmental refugees and define their concepts scientifically.Based on the analysis of the overall situation and causes of the environmental refugees,the necessity of protecting the human rights protection of environmental refugees is pointed out.Second,from the perspective of international human rights norms of environmental refugees should guarantee basic human rights,put forward environment,human rights protection of legal basis and legal basis,specific environmental refugees basic liability principle and the main responsibility of the human rights protection.Thirdly,it analyzes the existing international conventions and international agreements,and points out that the environmental refugees lack clear rules and the legal status is not clear.Due to the lack of rules and regulations of the law,it is restricted and restricted by various conditions in the application of legal principles and the remedy way of seeking legal disputes.The corresponding rescue compensation and responsibility mechanism is not yet effectively established due to the lack of consciousness of responsibility of the state party,and many defects have caused the human rights protection of environmental refugees to get into trouble.After time,analyses the root of the problems,put forward to build the environment the human rights of refugees legal security system: the idea of a is to clarify the legal status of environmental refugees,including expanding the definition of traditional refugees and define the standards for environmental refugees ";Second,to improve the legal norms of the human rights of environmental refugees,including the establishment of regional bilateral or multilateral treaties and the formulation of new international conventions;Third,we will improve the environmental refugees legal mechanism of human rights protection,including perfect international human rights law and international environmental law enforcement mechanism,setting up environmental refugees relief compensation mechanism and perfect the protective mechanism of the United Nations refugee agency.