A/77/189 to migrants in vulnerable situations should be included in law or regulations as grounds to apply for admission and residence permits through a clear procedure. 29 65. Some commentators propose to broaden the concept of “refugee” as contained in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto and to transpose it into national legislation, thereby leading to the development of domestic policies. The Special Rapporteur particularly notes that States such as Canada, Finland and Sweden have taken measures to adopt this broader definition of “refugee” at the domestic level. 30 It should be acknowledged that the concept and requirement of “persecution” in the aforementioned Convention could not, in principle, be extended to all cases of climate change-related migration, as the majority will not be moving as a result of persecution. At the regional level, however, instruments in Africa and in Latin America have expanded the definition of refugees to include persons fleeing “events seriously disturbing public order” 31 or other forms of “generalized violence” 32 which may protect many migrants. 66. The Special Rapporteur welcomes the landmark decision of the Human Rights Committee in the case of New Zealand v. Ioane Teitiota (CCPR/C/127/D/2728/2016). The Committee acknowledged the relationship between climate change and human rights, stating that individuals who flee natural disasters and the adverse effects of climate change must not be returned to their country of origin if their human rights would be at risk upon return, specifically life-threatening risks (International Covenant on Civil and Political Rights, art. 6) or a real risk of facing cruel, inhuman or degrading treatment (art. 7). It supports the interpretation of existing protection frameworks, recognizing the applicability of international human rights law in the context of climate change and disaster displacement. Such an interpretation includes – but is not limited to – situations where natural disasters and climate change are intertwined with conflict and violence. The Committee’s decision further established that “environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats … to life” (CCPR/C/127/D/2728/2016, para. 9.4). The Special Rapporteur therefore recognizes that, by assessing whether a State’s obligation not to forcibly return someone may arise, an interest is created in requiring concrete national, regional and international action to curb the adverse effects of climate change on people’s lives; otherwise, States will have to grant climate refugee protection in the future. 67. The Special Rapporteur emphasizes that international and regional refugee law should not be dismissed automatically in claims by migrants for refugee status. The adverse effects of climate change on migrants should be interpreted within a broader sociopolitical context and it should be considered how such a context can exacerbate pre-existing discrimination, persecution and marginalization, thereby reinforcing claims for refugee status under the 1951 Convention. State and non -State actors should equally conduct some form of “human agency” 33 and determine whether the claimant is facing direct, indirect or systemic discrimination leading to their potential persecution. Furthermore, the decision to grant admission and stay should be based on clear, transparent and human rights-based criteria and not be taken solely at the discretion of the State authority, in order to avoid discrimination and abuses of power. It must be noted that each case should be individually, impartially and independently __________________ 29 30 31 32 33 16/23 See www.ohchr.org/sites/default/files/2022-01/guidance_note_migrants_in_situations_of _vulnerabilty_2021.pdf. Submission by the Carlos III University of Madrid. Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, art. 1 (2). Cartagena Declaration on Refugees, 1984, art. III, para. 3. See A/HRC/37/CRP.4. 22-11278