GENEVA - UN human rights experts* today welcomed the Inter-American Court of Human Rights' historic Advisory Opinion on the Climate Emergency and Human Rights, and its detailed clarifications on "reinforced" human rights obligations to address climate change and protect life-supporting systems on earth.
"We welcome the Court's recognition of the climate emergency as an existential risk to humanity, severely impacting the human rights of present and future generations, and exacerbating poverty, discrimination and vulnerabilities," the experts said.
"We also commend the Court's comprehensive and integrated vision of the myriad of human rights issues arising from the climate emergency, and its emphasis on the transboundary nature of climate harm, as well as on the human rights to science, and to traditional, local and Indigenous knowledge," they said.
The experts underscored the Court's clarification that the obligation to prevent irreversible and massive harm to the climate system is imperative and allows no derogation.
They stressed the Court's clarification that States must act with "reinforced" due diligence, cooperate, and adopt all necessary measures to respond to the climate emergency and transition towards sustainable development models that continuously enhance human wellbeing, protecting human rights and the environment. These necessary measures include effective regulation and supervision of businesses in relation to fossil fuels, agriculture and deforestation. The Court also cautioned against unproven technological solutions that are inadequate for ensuring "reinforced" due diligence.
"The Court's clarifications on the individual and collective dimensions of the human right to a healthy environment brings greater recognition to the right to a healthy climate and the paramount importance of nature as a rights-holding entity," the experts said. Similarly to the 2024 Opinion of the International Tribunal for the Law of the Sea, the Inter-American Court confirmed the obligation to protect and restore ecosystems as a necessary form of climate action.
The experts echoed the Court's clarification of the obligation to avoid regressive actions that delay or obstruct effective climate action, such as climate disinformation and attacks against environmental human rights defenders; and discriminatory climate measures, including in the context of energy transition minerals.
They also welcomed the Court's findings on the obligation to provide intersectional protection for environmental human rights defenders, and ensure access to justice and effective remedies for differentiated climate harm.
The experts urged States, businesses, civil society, UN agencies, UN Treaty Bodies and multilateral development banks to support the implementation of the Advisory Opinion, given the global relevance of the Inter-American Court's findings.
"We commend the Court for leading the most participatory process in the history of any international tribunal," the experts said. "By opening its doors to Indigenous Peoples, Afro-descendants, rural communities, youth, children and civil society across the globe - and by drawing on the recommendations of over 20 UN human rights experts - the Court set a powerful example of inclusive, global justice."
