In a landmark decision, the Inter-American Court of Human Rights has ruled that countries must protect the climate system as part of their human rights obligations under the American Convention on Human Rights and other human rights law. This landmark decision emphasizes that the climate crisis affects numerous human rights of individuals and communities, including Indigenous peoples, Afro-descendants, rural communities, and children.

The Court underscored that its decision is applicable to all 34 countries that form the Organization of American States, including the United States and Canada. According to the court, preventing harm to the climate system is a global legal obligation, incumbent upon all states, which requires banning activities “that irreversibly threaten the vital balance of interdependent ecosystems that enable the survival of present and future generations on a habitable planet.”

This long-anticipated Advisory Opinion on the Climate Emergency and Human Rights was requested by Chile and Colombia in 2023. They asked the court to clarify states’ obligations under the American Convention, the San Salvador Protocol to that treaty, and other regional treaties. The court’s response is a significant development in the region, as it establishes a new framework for addressing the climate crisis and its impact on human rights.

The court said that countries need to adopt concrete, science-based measures to progressively reduce greenhouse gas emissions from fossil fuels, agriculture, and deforestation. The court also said that governments need to hold polluters to account, adopt and implement mitigation and adaptation targets and strategies, and ensure that individuals and communities disproportionately affected by climate change can meaningfully participate in making climate policy.

In the context of communities considering relocation because of sea level rise and climate impacts, governments need to approach planned relocation as a measure of last resort, “in accordance with international and regional human rights standards,” and avoid reproducing cycles of dispossession.

The advisory opinions in the Inter-American System carry significant political and legal weight. At the national level, the court’s opinion may help drive new climate commitments and ensure people can influence these decisions through meaningful participation. The decision explicitly demands that state authorities must ensure the compatibility of their climate policies with the opinion. This is especially important since most countries in the region are yet to update their climate mitigation commitments.

The Americas already faces severe human rights threats due to climate change, affecting the Amazon, island territories, and Caribbean states. Human Rights Watch has previously documented that poor government regulation of harmful industries enables deforestation and burning fossil fuels, the main drivers of the greenhouse gas emissions causing global warming, with devastating effects for Indigenous peoples, forest dependent communities, and communities on the fence lines (that is, adjacent) to fossil fuel infrastructure.

Implications of the Decision

The Inter-American Court of Human Rights’ decision has significant implications for the region. It emphasizes that the climate crisis is a human rights issue that requires immediate attention and action. The decision highlights the need for countries to adopt concrete, science-based measures to reduce greenhouse gas emissions and mitigate the impacts of climate change.

The court’s opinion also underscores the importance of ensuring that individuals and communities disproportionately affected by climate change can participate meaningfully in making climate policy. This includes providing them with adequate information, consulting with them, and involving them in decision-making processes.

Furthermore, the decision emphasizes the need for governments to approach planned relocation as a measure of last resort, in accordance with international and regional human rights standards. This is especially important for communities affected by sea level rise and climate impacts.

The Inter-American Court of Human Rights’ decision is a significant step towards recognizing the climate crisis as a human rights issue. It sets a precedent for other international courts and tribunals to follow, and it provides a framework for countries to adopt climate policies that are consistent with human rights obligations.

Key Takeaways

Here are some key takeaways from the Inter-American Court of Human Rights’ decision:

• The climate crisis is a human rights issue that requires immediate attention and action.
• Countries must adopt concrete, science-based measures to reduce greenhouse gas emissions and mitigate the impacts of climate change.
• Individuals and communities disproportionately affected by climate change must be able to participate meaningfully in making climate policy.
• Governments must approach planned relocation as a measure of last resort, in accordance with international and regional human rights standards.

The Inter-American Court of Human Rights’ decision is a significant development in the region, and it has the potential to drive new climate commitments and ensure meaningful participation from individuals and communities. It sets a precedent for other international courts and tribunals to follow, and it provides a framework for countries to adopt climate policies that are consistent with human rights obligations.

What’s Next?

The Inter-American Court of Human Rights’ decision is a significant step towards recognizing the climate crisis as a human rights issue. However, it is just one step in the journey towards addressing the climate crisis. There are many challenges ahead, and it will require continued effort and commitment from governments, civil society, and individuals to ensure that the climate crisis is addressed.

In the coming months and years, it will be important for countries to take action to reduce greenhouse gas emissions and mitigate the impacts of climate change. This will require adopting concrete, science-based measures to reduce emissions and implementing policies that support the transition to a low-carbon economy.

The Inter-American Court of Human Rights’ decision is a call to action, and it provides a framework for countries to take action. It is up to governments, civil society, and individuals to work together to ensure that the climate crisis is addressed, and that the rights of individuals and communities are protected.

The decision also highlights the importance of international cooperation and the need for countries to work together to address the climate crisis.