Inter-American Court Declares Climate Crisis a Human Rights Emergency in Historic Ruling

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In a sweeping interpretation of international law, the Court clarified that human rights law creates binding obligations to prevent, reduce, and remedy the harms of the climate crisis — affirming the rights of present and future generations, nature itself, and those who defend the planet.

In its climate Advisory Opinion, the Inter-American Court clearly states that we are in a climate emergency that is undermining the human rights of present and future generations and that human rights must be at the center of any effective response.

The Court recognized the rights to a safe climate and to a healthy environment as protected by the Inter-American Human Rights system, with clear obligations for States to regulate corporate activity, adopt ambitious climate targets grounded in science and equity, and avoid irreversible harm to ecosystems and human life. It also affirmed the prohibition against causing irreversible environmental damage, placing it among the highest-ranking duties in international law.

Crucially, the Court dedicated a section of the opinion to environmental defenders, declaring that States have an affirmative duty to protect those who defend land, climate, and human rights. The Court emphasized the vital role of Indigenous Peoples, Afro-descendants communities, and youth in addressing the climate emergency. 

This process was initiated by a request from Colombia and Chile for an advisory opinion on the urgent climate emergency and its intersection with human rights. The proceedings saw unprecedented levels of participation by civil society, Indigenous Peoples, and others on the frontline of the climate emergency.

Advisory opinions are authoritative statements of binding international law and carry substantial legal weight.

This Opinion will guide climate litigation at the local, regional, and national courts, and provide a foundation for climate policymaking, grounding local legislation and global negotiations in legal obligation, not just in the Americas but around the world.

The Center for International Environmental Law supported the process through legal briefs on corporate accountability, fossil fuel phaseout, environmental defenders, and reparations.

Commenting on the Opinion of the Inter-American Court, CIEL experts released the following statements: 

CIEL Climate & Energy Program Director Nikki Reisch said:  


“This landmark opinion is the human rights cornerstone in the rising edifice of climate justice. The Court has broken new ground and set a powerful precedent in affirming the human right to a healthy climate, the right to remedy and reparation of climate harm, and the absolute legal prohibition on conduct that causes irreversible damage to the environment and the climate on which all life depends. The Court’s conclusions should put big polluters, like the fossil fuel industry, on notice: climate-destructive conduct violates the law. Today’s opinion is not just a legal milestone—it’s a blueprint for climate action and climate accountability.”

 

CIEL Senior Attorney Upasana Khatri said:

“This is a historic step towards ending impunity for fossil fuel companies. The Court makes clear that States and corporations themselves have clear legal duties to take measures to effectively tackle harmful industry conduct driving the climate emergency and ensure their actions don’t worsen the climate crisis. For States, this entails, at a minimum, the duty to effectively regulate the exploration, extraction, transportation, and processing of fossil fuels, and to combat greenwashing, disinformation, and undue corporate influence that obstruct effective climate action. This opinion sends a clear message: fossil fuels are the root cause of climate destruction, and States have a duty to confront that fact.”

 

CIEL Senior Attorney Luisa Gómez Betancur said:

“Without environmental defenders, there is no climate justice. The Court rightly reaffirmed that defending the planet is a right in itself and a cornerstone of democracy. This Opinion is a watershed moment for environmental defenders in Latin America and the Caribbean, the most violent region in the world for those who defend the planet. The Inter-American Court of Human Rights has made it clear: States have binding obligations not only to prevent attacks against defenders, but to investigate those acts, punish those responsible, and ensure access to justice. At a time when democratic institutions are under pressure worldwide, the Court recognizes that environmental defenders’ work is not only crucial to confronting the climate crisis, but also fundamental to strengthening democracy and the rule of law. We have known for a long time that without environmental defenders, there is no hope for a livable future. Today’s decision makes it undeniable: protecting them is not optional.”

 

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