In a groundbreaking decision, 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 it. This pivotal ruling was announced on Thursday by Nancy Hernández López, the court’s president, who emphasized that climate change poses “extraordinary risks,” particularly affecting vulnerable populations.
The court’s advisory opinion, a comprehensive 300-page document, outlines the legal obligations of states to safeguard current and future generations from the impacts of climate change. These obligations include taking “urgent and effective” actions to reduce greenhouse gas emissions, adapting to climate impacts, cooperating internationally, and combating climate disinformation.
Origins and Implications of the Advisory Opinion
This significant 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 engaged in extensive consultations, receiving hundreds of submissions and conducting hearings in Barbados and the Brazilian cities of Brasília and Manaus.
A diverse array of stakeholders, including states, regional bodies, academics, civil society groups, and individual victims of climate change, participated in the proceedings. “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 and Environmental Obligations
The IACHR’s primary role is to interpret and apply the American Convention on Human Rights, ratified by members of the Organization of American States (OAS). However, this new opinion considers a broad spectrum of national, regional, and international laws, extending its applicability to all 35 OAS members, including the United States and Canada.
The court affirmed the right to a healthy environment, explicitly stating for the first time that this encompasses the right to a stable climate. Consequently, states are legally obligated to regulate emissions from both public and private entities. The court highlighted the particular responsibility of businesses with significant greenhouse gas emissions, especially those involved in fossil fuels, cement manufacturing, and agro-industry.
“Due to the risk created by their activities,” the court noted, “these sectors must adhere to stricter regulations.”
States are urged to enforce tougher requirements on these industries, potentially altering business operations, taxation, and contributions to transition plans. If compliance is not achieved, the court suggests halting polluting activities and considering compensation for climate harm.
Ensuring a Just Transition
The ruling also emphasizes the necessity of a fair transition to a cleaner society, ensuring that this shift does not infringe on human rights, such as in the mining of critical minerals for electric vehicles. Marcella Ribeiro, a senior attorney with 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.”
Additionally, the IACHR 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, highlighted the court’s “critical connection” between climate crisis effects and the rights of people and ecosystems. “It sends a clear message that impunity in climate matters can no longer be tolerated,” she stated.
Global Context and Future Implications
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 concluded that greenhouse gases are pollutants harming the marine environment, and states must control them. 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.
Although these documents are technically nonbinding, they are authoritative, summarizing existing law and expected to influence future litigation and political negotiations. Viviana Krsticevic, executive director of the Centre for Justice and International Law, praised the new opinion as a “very rich roadmap” for addressing the climate emergency, setting important standards for national climate strategies ahead of the upcoming Cop30 in Brazil.
