The Inter-American Court of Human Rights has issued a historic Advisory Opinion on states’ obligations to address the climate crisis under the American Convention on Human Rights.
In over 20 questions, categorised in six themes, the Inter-American Court of Human Rights was asked to clarify the obligations of states, in their individual and collective dimension, to respond to the climate emergency within the framework of the American Convention on Human Rights.
The Court highlighted links between the protection of the right to life, integrity, health and non-discrimination, among other rights, and the prohibition of conducts with irreversible impact on the vital balance of the planet’s ecosystems.
Dr Grethel Aguilar, IUCN Director General, celebrated the issuance of the opinion.
“I commend the Court for establishing the Convention as a cornerstone for climate justice, and am proud that IUCN has played a role in such a historic moment. This opinion marks a critical step in advancing climate accountability.”
She also said the Advisory Opinion indicated among others the importance of States refraining from adopting any measure that hinders or impedes access to the true, accurate, and complete information that the population requires to address the risks to human rights arising from the causes and consequences of the climate emergency.
The Court also emphasized that the protection of nature, as a collective subject of public interest, provides a favourable framework for States – and other relevant actors – to advance the construction of a global regulatory system oriented toward sustainable development.
“It emphasized the obligation to cooperate among States as part of customary international law. The Court also reiterated that, in addition to violating the right to a healthy environment, environmental damage can affect all human rights; and that some rights, specifically substantive rights, are more susceptible to such impact” said Aguilar.