Inter-American Court of Human Rights Changes Rules on Climate Change Action

In a significant move, the Inter-American Court of Human Rights is deliberating on how governments across Latin America and the Caribbean should tackle Climate change and its impacts on human rights. This case is pivotal, given the urgency experts have highlighted for reducing emissions and mitigating global warming.

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Latin America and the Caribbean, though responsible for less than 10% of global greenhouse gas emissions, are among the most affected regions by Climate change. Countries like Colombia and Chile have petitioned the court for an advisory opinion on national responsibilities in protecting the environment and aiding vulnerable populations to adapt.

Last year, Colombia and Chile requested the court to issue an advisory opinion on the obligations of nations to safeguard the environment and take measures against Climate change impacts. This case aims to ensure human rights are protected through equitable, urgent, and sustainable public policies.

In recent hearings held in Barbados, numerous speakers and briefs supported the court’s move to establish a legal framework. Suggestions included asylum rules for climate-displaced persons and specific protections for environmental activists, recognizing Latin America as one of the most dangerous places for such advocates.

The court’s advisory opinions, while not legally binding, have historically influenced human rights advancements in the region. For instance, a 2017 opinion led several countries to recognize same-sex marriage and allow gender identity documentation updates.

Rosa Celorio from George Washington University Law School emphasizes the historical significance of this moment. A clear set of guidelines from the court could help the 25 member countries develop effective laws and policies to combat Climate change, while also providing tools for citizens and NGOs to pursue individual claims in local courts based on the IACHR opinion.

The court’s decision could set a global precedent. The International Court of Justice and the European Court of Human Rights are also examining states’ responsibilities regarding Climate change, indicating a growing international focus on this critical issue.

The IACHR will conduct another round of hearings in Brazil later this month, involving more affected communities. While there is no fixed date for the advisory opinion’s release, it is anticipated by the end of this year.

This landmark case could redefine climate action frameworks, influencing not only Latin America and the Caribbean but also the global approach to environmental protection and human rights.

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