Background on the Inter-American Court of Human Rights (Corte IDH)
The Inter-American Court of Human Rights (Corte IDH) is an autonomous judicial body responsible for applying and interpreting the American Convention on Human Rights. It has jurisdiction over 20 countries in the Organization of American States (OAS) that have recognized its contentious jurisdiction. These countries include Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Suriname, and Uruguay.
Corte IDH’s Ruling on Climate Change Protection
On Thursday, the Inter-American Court of Human Rights (Corte IDH) ruled that OAS member countries must adopt “all necessary measures” to protect their populations from climate change. This decision was welcomed by environmental and human rights NGOs alike.
The court’s opinion, requested by Colombia and Chile in January 2023, emphasizes that states must take action to reduce risks associated with the global climate system’s degradation. The Corte IDH highlighted that the right to a healthy environment falls under the protection of Article 26 of the American Convention on Human Rights.
Impact and Reactions
The ruling implies that a dozen countries will need to adapt their policies and enact legal reforms, potentially raising expectations for corporate accountability.
Vanuatu, a small Pacific island nation threatened by rising sea levels, was the first to react positively. The government of Vanuatu praised the Corte IDH for its “innovative advisory opinion.”
NGOs, such as the Center for International Environmental Law (CIEL), hailed this decision as a significant step towards holding fossil fuel companies accountable. CIEL’s principal lawyer, Upasana Khatri, stated that this ruling imposes a legal obligation on states to effectively regulate the exploration, extraction, transport, and processing of fossil fuels.
Nikki Reisch, CIEL’s Director of Energy and Climate, emphasized that the decision sets a powerful precedent by affirming the human right to a healthy climate, the right to climate reparation, and prohibiting actions causing irreversible environmental damage.
Protection for Environmental Defenders
The Corte IDH also stressed that states must adopt legislative and other measures to prevent human rights violations by both state-owned and private companies.
Moreover, the court highlighted a “special duty” for states to protect environmental defenders. This ruling marks a milestone for environmental activists in Latin America and the Caribbean, a region known for its high levels of violence against those defending the planet.
Marcella Ribeiro, a lawyer from the Inter-American Association for Environmental Defense (AIDA), noted that this is the first time an international court directly addressed climate change as a legal and structural human rights issue.
The consultation process preceding this ruling saw unprecedented participation, with over 160 organizations, including NGOs, scientific entities, and indigenous communities, engaging in discussions.
Key Questions and Answers
- What is the Inter-American Court of Human Rights (Corte IDH)? The Corte IDH is an autonomous judicial body responsible for applying and interpreting the American Convention on Human Rights, with jurisdiction over 20 OAS countries.
- What did the Corte IDH rule regarding climate change? The court ruled that OAS member countries must adopt necessary measures to protect their populations from climate change impacts.
- Why is this ruling significant? This decision emphasizes states’ obligations to regulate fossil fuel industries and protect environmental defenders, setting important precedents for climate action and accountability.
- Which countries are affected by this ruling? The Corte IDH has jurisdiction over 20 OAS countries: Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Suriname, and Uruguay.
