In an unprecedented decision, the **Inter-American Court of Human Rights (IACHR)** issued on Thursday a **historic advisory opinion** directly linking climate change with the international obligations of States in terms of human rights.
The Court — headquartered in San José, Costa Rica — responded to a joint request made by **Colombia and Chile in 2023**, stating that the climate emergency represents a structural threat to the rights of present and future generations.
## Human Rights and Climate: A Legal Basis for Action
The opinion establishes that States must:
– **Prevent, mitigate, and remedy** environmental damage affecting human rights.
– Adopt **specific laws, policies, and actions** to curb climate change.
– Recognize the **human right to a healthy climate**.
– Protect and restore ecosystems based on science and indigenous knowledge.
“It is not just a legal milestone, it is an action plan,” stated **Nikki Reisch**, Climate and Energy Program Director at the Center for International Environmental Law.
The Court insists that States **have a positive obligation**, not only to refrain from causing harm but to **actively act to regenerate natural systems**.
## Legal Scope and Effects in the Region
Although the advisory opinions of the IACHR are **not binding**, they have a **strong legal influence** on member countries of the **Organization of American States (OAS)**. It is expected that this statement will impact:
– **Local and regional climate litigation**.
– Environmental legal reforms.
– Positions in international negotiations, especially with regard to the COP30 to be held in November in **Belém, Brazil**.
“Causing irreversible environmental damage compromises essential conditions for a healthy life on Earth, therefore requiring universal and effective legal responses,” pointed out **Nancy Hernández López**, President of the Court.
## Fighting Climate Change with an Indigenous Perspective
The opinion was published in a context of **strengthening indigenous movements for environmental justice**. In June, Amazonian leaders held a summit in Ecuador to demand compliance with rulings recognizing their **territorial and environmental rights**.
The IACHR has played an active role in this area, condemning governments for authorizing **extractive projects without prior consultation** and becoming a key reference for the defense of collective rights in the face of the climate crisis.
The new opinion **deepens the advisory ruling of 2017**, which already recognized the **right to a healthy environment as independent**, by contextualizing it in scenarios of **global ecological breakdown**.
*Cover photo: AP Photo/Matias Delacroix, File*
