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5d ago

Inter-American Rights Court Links Climate Action to Human Rights Duties

Member states must align domestic policies with human rights law following the court’s climate advisory opinion ahead of COP30.

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 advisory opinion declares a human right to a healthy climate and requires states to prevent, mitigate, and remedy environmental harm that threatens human rights.
  • Governments are urged to protect and restore ecosystems based on scientific research and Indigenous knowledge.
  • Although non-binding, the opinion holds significant legal sway across OAS member states and is expected to guide domestic legislation and court challenges.
  • The court underscored states’ duty to safeguard the rights of current and future generations by averting massive and irreversible environmental damage.
  • The ruling establishes a human rights framework set to influence deliberations at COP30 in Belem, Brazil.