The Inter-American Court of Human Rights just delivered a landmark decision on the obligations of States in the face of the climate emergency.[1] The Court established that governments must take "urgent and effective actions" to safeguard the right to a healthy climate, and that companies have obligations with regard to climate change and its impacts on human rights. This decision unequivocally puts the rights of people and nature above the interests of polluters.
In an unprecedented move, the Court also recognised the right to nature and ecosystems to maintain their essential ecological processes, as a crucial part in the effort to address the triple planetary crisis [2] and to achieve a truly sustainable development model that respects planetary boundaries and guarantees the rights of present and future generations.
Pablo Ramírez, Climate Campaigner, Greenpeace Mexico, said: "This is a life-changing decision for thousands of communities that are impacted by climate change on our continent. The highest court in the Americas is providing us with a pathway to climate justice, obliging States to guarantee human rights, address climate impacts and force polluting industries to repair the damage they have caused."
The Court's decision puts powerful legal tools to secure climate accountability and justice in the hands of more than 300 million people in 20 states that are party to the American Convention on Human Rights, including Indigenous Peoples, civil society organisations and individuals.
The advisory opinion was requested in January 2023 by the governments of Chile and Colombia. [3] It was followed by the most participatory process in the history of the Court, with 150 oral interventions from States, international organisations, Indigenous Peoples, and civil society, as well as 265 written submissions, including from Greenpeace International.
Latin America and the Caribbean are highly affected by air pollution,[4] rising sea levels and extreme weather events,[5] fuelled by emissions from oil and gas corporations and other polluting industries.[6]
The Court's decision is grounded in clear scientific evidence that attributes large emissions from corporations to impacts such as loss of life and livelihoods from climate disasters. This Court decision will directly assist individuals and communities in pushing back against corporate polluters and corporate violations of human rights.
Maria Alejandra Serra, Legal Counsel, Greenpeace International, said: "For too long, politicians and corporations have gotten away with profiting from the destruction of our environment and from harming the lives of ordinary people. This decision marks the beginning of the era of corporate accountability and a big step towards dismantling the colonial legacy of systemic impunity in our region."
The decision builds on the growing global momentum in courts tasked with interpreting international law facing the climate crisis.[7] It is expected to be used by governments to present more ambitious climate action plans and shape future decisions by other international human rights courts, setting the stage for a forthcoming historic advisory opinion from the International Court of Justice - the world's highest court - on the responsibilities of States to mitigate climate impacts.
