A landmark ruling by the Inter-American Court of Human Rights (IACHR) has declared that there is a human right to a stable climate, imposing a duty on states to protect this right. The court’s advisory opinion, released on Thursday, underscores the “extraordinary risks” posed by climate change, particularly to vulnerable populations, according to Nancy Hernández López, the court’s president.
The comprehensive 300-page document outlines the legal obligations of states to safeguard current and future generations from the impacts of climate breakdown. It calls for “urgent and effective” measures to reduce greenhouse gas emissions, adapt to climate changes, engage in international cooperation, and combat climate disinformation.
Legal Obligations and Global Impact
The inquiry, initiated by Colombia and Chile in 2023, sought clarity on the legal responsibilities of states in addressing climate change and preventing human rights violations. The Costa Rica-based court gathered extensive input through hearings in Barbados and Brazil, involving diverse stakeholders, including states, regional bodies, academics, civil society groups, and individuals affected by climate change.
“The evidence we have seen and received during the hearing and written submissions shows that there is no margin for indifference,” López stated. “Success depends on all of us.”
The IACHR’s opinion interprets the American Convention on Human Rights, ratified by members of the Organization of American States (OAS), and extends its findings to all 35 OAS members, including the US and Canada. This marks a significant step in affirming the right to a healthy environment, explicitly including the right to a stable climate.
Responsibilities of States and Corporations
The court emphasized that states have legal obligations to regulate emissions from both public and private entities. It highlighted the responsibility of businesses, particularly those with significant historical or current emissions, to avoid harming human rights. Sectors such as fossil fuel exploration, cement manufacturing, and agro-industry were identified as requiring stricter regulation.
States are urged to implement tougher requirements for these industries, potentially including changes to business operations, taxation, and contributions to just transition plans. If companies fail to comply, the court suggests halting polluting activities and seeking compensation for climate damage.
Moreover, the court advocates for legislation holding transnational corporations accountable for their subsidiaries’ emissions. It also stresses the importance of a fair transition to a cleaner society, ensuring that efforts do not infringe on human rights, such as during the mining of minerals for electric vehicles.
“This is not just about the shift from fossil fuels to renewable energy,” said Marcella Ribeiro, a senior attorney at the Asociación Interamericana para la Defensa del Ambiente. “This is an opportunity for a structural transformation that will correct historical inequality and protect people and ecosystems.”
Recognizing the Rights of Nature
The IACHR also recognized the rights of nature, mandating states to restore ecosystems damaged by climate change. Luisa Gómez, a senior attorney at the Center for International Environmental Law, praised the court for linking the climate crisis to the rights of people and ecosystems. “It sends a clear message that impunity in climate matters can no longer be tolerated,” she remarked.
Global Judicial Perspectives on Climate
The IACHR is the second of four top courts to issue an advisory opinion on climate change. Previously, the International Tribunal for the Law of the Sea identified greenhouse gases as pollutants harming the marine environment, asserting states’ legal responsibilities to control them. The International Court of Justice is expected to release its opinion soon, while the African Court on Human and Peoples’ Rights is just beginning its process.
Although these opinions are technically nonbinding, they carry significant authority by summarizing existing laws and are anticipated to influence future litigation and political negotiations.
Viviana Krsticevic, executive director of the Centre for Justice and International Law, noted, “The new opinion provides a very rich roadmap for responding to the climate emergency across society, setting standards for national climate strategies that could be crucial for the forthcoming Cop30 in Brazil.”
This development represents a pivotal moment in the global fight against climate change, offering a framework for legal accountability and encouraging nations to take decisive action in safeguarding the planet for future generations.
