Özet:

People affected by environmental disasters and climate change abandon their countries and seek international protection from other states. Environmental disasters and climate change have caused migration and the emergence of the so-called “climate refugees” or “environmental refugees”. Although they are often called “climate refugees” or “environmental refugees”, these people do not fall within the definition of refugee under the 1951 Geneva Convention on the Legal Status of Refugees. The laws of certain countries provide “complementary protection” or “temporary protection” to climate refugees or environmental refugees. On the other hand, no protection is envisaged in the laws of some countries regarding climate refugees. Humanitarian protection can be provided to climate refugees under the legal provisions guaranteeing certain basic rights, such as the right to life, in international human rights treaties. However, the boundaries of the notion of “humanitarian protection” have not been clearly drawn yet. In this study, we evaluate whether any international protection may be available to climate refugees. To this end, we first describe the term “climate refugees” and analyze the factors that led to its emergence. We then examine the reasons why climate refugees are not treated as refugees within the scope of the 1951 Geneva Convention, taking into account the relevant court decisions. Following a discussion of the draft international treaties prepared to protect climate refugees, we examine the situation of climate refugees under Turkish law

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