The Inter-American Human Rights Court issued a significant advisory opinion linking government responsibilities for human rights to climate change. This opinion, the first of its kind from a top regional human rights tribunal, responds to requests from Colombia and Chile in 2023. It emphasizes that states must prevent and remedy environmental hazards threatening human rights through laws and actions aimed at combating climate change.
The court laid out legal standards, including the right to a healthy climate, the duty to prevent irreversible damage, and obligations to protect the rights of future generations. It described the situation as a climate emergency that impacts current and future human rights, necessitating that human rights be central to responses.
While the opinion isn’t legally binding, it holds substantial influence in member states, potentially reshaping climate litigation and policies in Latin America and the Caribbean. The ruling underscores states’ duties to protect and restore ecosystems using scientific and Indigenous knowledge frameworks.
The advisory builds on a 2017 ruling that recognized the right to a healthy environment as a fundamental human right, reinforcing responsibility and accountability amid growing Indigenous advocacy for land and environmental rights. As COP30 approaches, this opinion could significantly impact climate-related legal actions and negotiations across the region.
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