A/77/189
Older persons
60. Older persons, particularly older persons with disabilities and older women, are
among those most affected by climate-related harms, such as the increasing spread of
vector-borne diseases, heat stress, pollution and the increasing freque ncy and
intensity of sudden- and slow-onset disasters, which can impact their physical and
mental health and well-being.
61. In emergencies, older persons with limited mobility may have difficulty
reaching safety. Infrastructure and policy may be insuffic ient to ensure that they are
aware of evacuation warnings, orders or services, especially if new technologies are
relied on to disseminate such information, and to account for older persons ’ needs
with regard to travel, adequate food, shelter, health care and services. Physical
challenges that have only minor effects on day-to-day life may become serious
impediments in an emergency, limiting older persons’ mobility and adaptive capacity.
In such context, some face disproportionate difficulties in returning to their homes
and in accessing restitution for damage, both because of physical factors and because
of ageist exclusion from humanitarian aid for rebuilding purposes. When older people
do move, migration in later life can be particularly traumatic, owing to severed social
ties and a lack of facilities, rights and protection in unfamiliar new environments (see
A/HRC/47/46).
62. The Special Rapporteur recognizes that older persons possess vast reserves of
knowledge, experience and resilience, making their participation, inclusion and
leadership key to human rights-based global efforts to adapt to and mitigate the
adverse effects of climate change.
4.
Addressing international law protection gaps in the context of climate
change-related migration
63. The Special Rapporteur observes that since the thematic report presented by his
predecessor, in 2012, there have been few coherent policies in place regarding the
rights of all migrants that take into account the motive behind their migration,
including the need for human rights protection of climate change -related migration.
At present, beyond the rubric of international refugee law, there seems to be a
continuing gap in international law aimed at protecting persons on the move owing
to climate change (A/67/299). It is well known that the impact that climate change
has on migratory movement presents challenges for States and the international
community. Current international law is able to meet some of these challenges and is
lacking in other areas, in particular for many of the individuals who cross borders in
the context of climate change.
64. Those who cross borders from areas adversely affected by climate change wi ll
do so under myriad circumstances. Some may move in the context of conflict and/or
persecution, and thus may be refugees entitled to protection under international and
regional refugee law. Others may not qualify for protection under the refugee regime
or as stateless persons. Thus, gaps in protection under international law remain.
However, these gaps do not imply that international inaction is acceptable; rather,
they underline the need for and the importance of international cooperation and
assistance. In this regard, States should enhance the flexibility and accessibility of
pathways of admission and stay by ensuring that the criteria used are clear, transparent
and rights-based and that they respond to the specific needs of migrants, the situations
of vulnerability they face and their sociodemographic and economic reality. This
includes expanding opportunities for admission and stay based on human rights
according to international standards and best practices. Moreover, regardless of the
specific procedure in place, human rights grounds and other considerations relevant
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