El principio de no devolución y desplazamientos climáticos en el derecho ecuatoriano e internacional.

Abstract

The challenges posed by climate change have increased the phenomenon of forced human mobility, raising the need to analyze the legal dimension of environmental displacement. This research examines the application of the principle of non-refoulement in cases of displacement caused by climate change, both in the Ecuadorian constitutional framework and in international refugee law. The findings reveal that Ecuador’s current legislation does not explicitly recognize “climate refugees,” which creates significant legal gaps in their protection. International instruments provide a partial framework, but their scope remains limited when applied to environmental displacement. The study highlights the urgency of incorporating effective legal mechanisms that ensure adequate protection for people forced to migrate due to environmental causes. In this regard, the proposal focuses on strengthening Ecuador’s normative framework, harmonizing it with international obligations, and promoting recognition of environmental displacement as a new category requiring legal protection. The conclusions emphasize that addressing this issue is not only a matter of legal coherence but also of human rights and environmental justice.