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Inter-American Court Declares Right to Stable Climate, Sets New State Duties

The advisory opinion makes human rights obligations the foundation for climate action, shaping COP30 negotiations

FILE - Forest lines the Combu creek, on Combu Island on the banks of the Guama River, near the city of Belem, Para state, Brazil, Aug. 6, 2023. (AP Photo/Eraldo Peres, File)
FILE - Yeremy Escanilla works on cleaning the debris of the remains of his house, destroyed by wildfires in Santa Juana, Chile, Feb. 5, 2023. (AP Photo/Matias Delacroix, File)
FILE - Visible deforestation from illegal mining surrounds the Quito River, near Paimado, Colombia, Sept. 23, 2024. (AP Photo/Ivan Valencia, File)
The Inter-American Court of Human Rights ruling means that around 20 countries across Latin America and the Caribbean must undertake legal reforms 'to reduce the risks arising... from the degradation of the global climate system'

Overview

  • The court recognized for the first time that the right to a stable climate is a fundamental human right in the Americas.
  • States are now obligated to prevent, mitigate and remedy environmental damage through comprehensive legal and policy measures.
  • The opinion calls for urgent, science-based actions including deep cuts in greenhouse gas emissions, adaptation planning and ecosystem restoration.
  • Governments must safeguard Indigenous peoples, Afro-descendant communities and other marginalized groups facing disproportionate climate risks.
  • Although nonbinding, the advisory opinion is expected to shape domestic legislation, fuel climate litigation and influence COP30 agenda.