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The Inter-American Court of Human Rights (IACHR) published its opinion on Thursday that all countries in the Americas have legal obligations under human rights law to confront the climate crisis. The court’s Advisory Opinion OC-32/25, issued on May 29, 2025, and officially published this week, affirms the right to a healthy climate as an integral component of the already-established right to a healthy environment.
The opinion, requested by Chile and Colombia in 2023, affirms that the worsening climate emergency—fueled by human-driven greenhouse gas emissions—poses a serious and growing threat to human rights across the Americas. Drawing on authoritative scientific sources and over 600 submissions from states, Indigenous communities, civil society organizations, academics, and individuals, the court concluded that the current climate crisis endangers the rights to life, health, water, food, housing, and cultural identity, among others.
The court stressed that states must not only set ambitious, science-based emissions reduction targets and adaptation plans but also guarantee access to environmental information, ensure meaningful public participation in climate-related decisions, and provide access to justice for those harmed. According to the opinion, these are not aspirational goals but binding legal obligations grounded in the American Convention on Human Rights, the Protocol of San Salvador, and the American Declaration of the Rights and Duties of Man.
While the court had previously recognized the autonomous right to a healthy environment in its 2017 Advisory Opinion OC-23/17, this new ruling explicitly extends that right to include the right to a healthy climate. Thursday’s opinion clarified that the climate system itself is a protected legal interest and that a stable, safe climate is essential to the enjoyment of all other human rights.
In a further development, the IACHR determined that conduct resulting in irreversible harm to the climate may violate jus cogens norms—the highest category of international legal obligations, from which no state may derogate. The judges stated that undermining the global climate system threatens the very foundation of the human rights framework and must be considered impermissible under international law. The growing movement to recognize nature as a subject of rights aligns with developments in countries such as Ecuador, Bolivia, and Panama, where rights of nature have been enshrined in law or court decisions.
Equally significant was the court’s emphasis on protecting environmental defenders, particularly Indigenous peoples, Afro-descendant communities, and rural populations. Noting that Latin America continues to be one of the deadliest regions for environmental activists—with three killed per week in 2023, according to Global Witness—the judges held that states have an obligation to establish protective measures, investigate threats and attacks, and counteract criminalization of environmental advocacy.
Delta Merner, the lead scientist at the Science Hub for Climate Litigation with the Union of Concerned Scientists, emphasized that “this opinion sets an important precedent affirming that governments have a legal duty to regulate corporate conduct that drives climate harm.” Scientist Carly Phillips added: “This is a landmark moment for climate justice and reaffirms the importance of scientific evidence and other forms of knowledge in adapting to and mitigating further degradation of our shared climate.”
The opinion also squarely addresses global inequalities, recognizing that the countries and communities most affected by climate change are often those least responsible for causing it. The IACHR called on wealthier states to honor their commitments to provide financial, technological, and capacity-building support to those disproportionately harmed, especially in the Global South.
Although the United States is not subject to the court’s jurisdiction, the ruling is expected to shape legal discourse throughout the Americas and influence upcoming decisions from international tribunals, including the International Court of Justice and the African Court on Human and Peoples’ Rights.
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The opinion, requested by Chile and Colombia in 2023, affirms that the worsening climate emergency—fueled by human-driven greenhouse gas emissions—poses a serious and growing threat to human rights across the Americas. Drawing on authoritative scientific sources and over 600 submissions from states, Indigenous communities, civil society organizations, academics, and individuals, the court concluded that the current climate crisis endangers the rights to life, health, water, food, housing, and cultural identity, among others.
The court stressed that states must not only set ambitious, science-based emissions reduction targets and adaptation plans but also guarantee access to environmental information, ensure meaningful public participation in climate-related decisions, and provide access to justice for those harmed. According to the opinion, these are not aspirational goals but binding legal obligations grounded in the American Convention on Human Rights, the Protocol of San Salvador, and the American Declaration of the Rights and Duties of Man.
While the court had previously recognized the autonomous right to a healthy environment in its 2017 Advisory Opinion OC-23/17, this new ruling explicitly extends that right to include the right to a healthy climate. Thursday’s opinion clarified that the climate system itself is a protected legal interest and that a stable, safe climate is essential to the enjoyment of all other human rights.
In a further development, the IACHR determined that conduct resulting in irreversible harm to the climate may violate jus cogens norms—the highest category of international legal obligations, from which no state may derogate. The judges stated that undermining the global climate system threatens the very foundation of the human rights framework and must be considered impermissible under international law. The growing movement to recognize nature as a subject of rights aligns with developments in countries such as Ecuador, Bolivia, and Panama, where rights of nature have been enshrined in law or court decisions.
Equally significant was the court’s emphasis on protecting environmental defenders, particularly Indigenous peoples, Afro-descendant communities, and rural populations. Noting that Latin America continues to be one of the deadliest regions for environmental activists—with three killed per week in 2023, according to Global Witness—the judges held that states have an obligation to establish protective measures, investigate threats and attacks, and counteract criminalization of environmental advocacy.
Delta Merner, the lead scientist at the Science Hub for Climate Litigation with the Union of Concerned Scientists, emphasized that “this opinion sets an important precedent affirming that governments have a legal duty to regulate corporate conduct that drives climate harm.” Scientist Carly Phillips added: “This is a landmark moment for climate justice and reaffirms the importance of scientific evidence and other forms of knowledge in adapting to and mitigating further degradation of our shared climate.”
The opinion also squarely addresses global inequalities, recognizing that the countries and communities most affected by climate change are often those least responsible for causing it. The IACHR called on wealthier states to honor their commitments to provide financial, technological, and capacity-building support to those disproportionately harmed, especially in the Global South.
Although the United States is not subject to the court’s jurisdiction, the ruling is expected to shape legal discourse throughout the Americas and influence upcoming decisions from international tribunals, including the International Court of Justice and the African Court on Human and Peoples’ Rights.
The post Inter-American court affirms legal right to a healthy climate appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.