World: Inter-American Court sets milestone in the global fight for climate justice

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Countries: World, United States of America Source: Amnesty International In a historic moment, the Inter-American Court of Human Rights issued its Advisory Opinion clarifying the specific obligations of states to address the climate crisis through a human rights lens. The decision sets transnational standards that could shape legal jurisprudence in courts across the world.Responding to the Advisory Opinion, Ana Piquer, Regional Director for the Americas at Amnesty International, stated:“Each day of inaction means more suffering for the people and communities who have contributed the least to the climate crisis. Today, therefore, marks a moment of hope for millions of people in the Americas whose human rights are being devastated by this crisis. States now have clear guidance and can no longer claim ignorance of their human rights obligations. The roadmap is set — now is the time for immediate, concrete, and positive action to urgently tackle the climate crisis.”Each day of inaction means more suffering for the people and communities who have contributed the least to the climate crisis. Today, therefore, marks a moment of hope for millions of people in the Americas whose human rights are being devastated by this crisis.Ana Piquer, Regional Director for the Americas at Amnesty InternationalThe Court emphasized that the climate crisis does not affect all people equally. In the Americas and globally, Indigenous Peoples, Afro-descendant communities, rural and fishing populations, women, children, older persons, and socioeconomically marginalized groups face disproportionate impacts. The Court ruled on the specific duties of states to prevent harm and ensure protection for these groups, affirming that climate action is a human rights obligation — not a political choice.In this context, Mandi Mudarikwa, Head of Strategic Litigation at Amnesty International, emphasized: “Today, the Inter-American Court affirmed and clarified the obligations of states to respect, ensure, prevent, and cooperate in order to realize human rights in the context of the climate crisis. Crucially, the Court recognized the autonomous right to a healthy climate for both individuals and communities, linked to the right to a healthy environment. The Court also underscored the obligation of states to protect cross-border climate-displaced persons, including through the issuance of humanitarian visas and protection from deportation.”Today, the Inter-American Court affirmed and clarified the obligations of states to respect, ensure, prevent, and cooperate in order to realize human rights in the context of the climate crisis.Mandi Mudarikwa, Head of Strategic Litigation at Amnesty InternationalThis Advisory Opinion is a significant contribution to the ongoing development and clarification of states’ human rights obligations in the face of climate change. Amnesty International looks forward with great interest to future decisions resulting from advisory opinions to be issued by the International Court of Justice later this year, as well as from other regional courts, domestic courts, and quasi-judicial bodies.BACKGROUNDThe request for this advisory opinion was submitted by the governments of Chile and Colombia in January 2023, seeking clarification on states’ obligations in the face of the climate emergency under international human rights law. Public hearings were held in Barbados (April 2024) and Brazil (May 2024), with unprecedented civil society participation. Amnesty International submitted a legal brief to the Court as amicus curiae, providing legal analysis on human rights and climate change.This is the second authoritative advisory opinion on climate change. One year ago, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark advisory opinion on states’ obligations to mitigate climate change, particularly by reducing greenhouse gas emissions, under the United Nations Convention on the Law of the Sea (UNCLOS).For more information or to request an interview, please contact: press@amnesty.org