Climate crisis establishes a groundbreaking legal precedent in the Inter-American context

The Inter-American Court of Human Rights (IACtHR) has made a significant stride in the fight against climate change, publishing an advisory opinion on July 3, 2023. This historic decision interprets the legal responsibilities of states and companies in protecting human rights during the climate and environmental crisis.

The opinion, which is not binding but can influence judicial decisions and negotiations in the Americas, details the urgent need for states to implement mitigation and adaptation measures to combat climate and environmental damages. It also highlights the importance of the Escazú Agreement, an environmental treaty of Latin America and the Caribbean, in this endeavour.

For the first time, the IACtHR has defined the right to a "healthy climate" as a climate system free from dangerous anthropogenic interferences for humans and all nature. This decision underscores the disproportionate impact the climate crisis has on children and future generations, a concern echoed by Mariana Campos Vega, coordinator of the Latin America front of the World Youth for Climate Justice organization.

The IACtHR's opinion marks a decisive moment for the region, according to Laura Restrepo Alameda, activist of Climate Action Network Latin America. It is the second international tribunal to produce an advisory opinion related to climate change, following the International Tribunal for the Law of the Sea's opinion last year.

The IACtHR's opinion was supported by environmental activists, vulnerable groups such as indigenous peoples, and human rights organizations advocating at the international level. This collaboration is reflected in the UN General Assembly’s unanimous decision to commission the International Court of Justice’s advisory opinion, which is set to be published on July 23.

Ralph Regenvanu, Minister of Climate Change of Vanuatu, emphasized the importance of all regional and international tribunals in advancing climate justice. He noted that the IACtHR's opinion has already had incipient repercussions for climate litigation and diplomatic negotiations.

The IACtHR's opinion also establishes legal responsibilities for companies to minimize their climate impacts, actions that should be properly regulated by states. This could pave the way for more accountability in corporate behaviour and contribute to a more sustainable future.

The Inter-American Court of Human Rights, being the only international tribunal focused on human rights in this context, is setting a precedent for other courts to follow. Meanwhile, the African Court of Human and Peoples' Rights has already initiated a similar process. Countries cannot regress in their climate policies without strong justifications, as the world moves towards a more sustainable and equitable future.