In a landmark decision, the Inter-American Court of Human Rights (IACHR) has declared that there is an inherent human right to a stable climate, imposing a duty on states to safeguard this right. This significant ruling was announced on Thursday by Nancy Hernández López, the court’s president, who emphasized that climate change poses “extraordinary risks,” particularly to vulnerable populations.
The court’s advisory opinion, a comprehensive 300-page document, outlines the legal obligations of states to protect both current and future generations from the impacts of climate change. It calls for “urgent and effective” measures to reduce greenhouse gas emissions, adapt to climate impacts, cooperate internationally, and combat climate disinformation.
Origins of the Inquiry and Court’s Proceedings
The inquiry was initiated by Colombia and Chile in 2023, seeking clarity on the legal responsibilities of states in addressing climate change and preventing human rights violations. The Costa Rica-based court conducted extensive hearings in Barbados and the Brazilian cities of Brasília and Manaus, gathering input from a wide array of stakeholders, including states, regional bodies, academics, civil society groups, and individuals directly 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.”
Legal Implications and Broader Impact
The IACHR’s founding mission is to interpret the American Convention on Human Rights, ratified by the Organization of American States (OAS) members. However, this opinion extends its reach, applying to all 35 OAS members, including the US and Canada. The court affirmed the right to a healthy environment, explicitly including the right to a stable climate for the first time.
This ruling imposes legal obligations on states to regulate emissions from both public and private entities. Businesses, particularly those historically responsible for high emissions, such as fossil fuel, cement manufacturing, and agro-industry sectors, bear a heightened responsibility. The court suggests stricter regulations, taxation, and contributions to transition strategies, with potential compensation demands for non-compliance.
Corporate Accountability and Structural Transformation
The court recommends that states enact laws holding transnational corporations accountable for their subsidiaries’ emissions. It also underlines the need for a fair transition to a cleaner society, ensuring that human rights are not violated in the process, such as during the mining of critical minerals for electric vehicles.
Marcella Ribeiro, a senior attorney for the Asociación Interamericana para la Defensa del Ambiente, remarked, “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 acknowledged the rights of nature, obligating states to restore ecosystems damaged by climate change. Luisa Gómez, a senior attorney for the Center for International Environmental Law, highlighted the court’s “critical connection” between climate crisis impacts on human rights and ecosystems, emphasizing that “impunity in climate matters can no longer be tolerated.”
Comparative Judicial Perspectives
The IACHR is the second of four major 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, urging state control. The International Court of Justice is expected to release its opinion soon, while the African Court on Human and Peoples’ Rights has just begun its process.
These advisory opinions, though technically nonbinding, are authoritative summaries of existing law and are anticipated to influence future litigation and policy discussions.
A Roadmap for Future Actions
Viviana Krsticevic, executive director of the Centre for Justice and International Law, praised the IACHR’s opinion as a “very rich roadmap” for addressing the climate emergency. She noted its potential to set critical standards for national climate strategies, particularly as the world looks to the upcoming Cop30 in Brazil.
This ruling represents a pivotal moment in the global effort to combat climate change, underscoring the legal and moral imperative for states to act decisively in protecting the planet and its inhabitants.
