The Inter-American Court of Human Rights (IACHR) issued a groundbreaking advisory opinion on 3 July, regarding the Climate Emergency and Human Rights. Its ruling establishes that countries must protect the climate system as part of their human rights obligations under the American Convention on Human Rights and other relevant human rights law.
In its comprehensive 300-page document, the court emphasizes that states have legal obligations to protect both current and future generations from the impacts of climate breakdown.This includes taking "urgent and effective" actions to reduce greenhouse gas emissions based on the best available science, adapting to climate change, fostering international cooperation, and combating climate disinformation.
On 4 July, Vanuatu’s Minister of Climate Change Adaptation, Meteorology & Geo-Hazards, Energy, Environment and Disaster Management, Ralph Regenvanu, stated that the opinion confirms states' heightened obligations to address the human rights consequences of climate change, particularly concerning at-risk populations such as Indigenous peoples, children, women, and environmental human rights defenders.
These findings complement other recent legal developments, including the 2024 Advisory Opinion of the International Tribunal for the Law of the Sea, and together mark an important evolution in the global legal response to the climate emergency.
Vanuatu participated in this proceeding by submitting a written opinion, marking the first such submission from a country outside the Americas.
Minister Regenvanu highlighted the crucial role of all regional and international courts in advancing climate justice, stating, “Together, they can pave the way for a more integrated approach to international law that addresses the human rights dimensions and remedy the historical climate injustices that the Global South increasingly suffer from in the climate emergency.”
For the first time, the Inter-American Court affirmed the right to a healthy environment, explicitly stating that this includes the right to a stable climate.
This means states are legally obligated to regulate emissions from both public and private organizations.
The court further emphasized that all businesses have a responsibility not to harm human rights, with particular responsibility falling on those that have historically or currently emitted large volumes of greenhouse gases.
Specific mention was made of the exploration, extraction, transportation, and processing of fossil fuels, cement manufacturing, and agro-industry.
The court suggests that states must impose tougher requirements on these sectors, proposing changes to business operating conditions, taxation, contributions to just transition plans and strategies, investment in education, adaptation measures, and addressing loss and damage.
Additionally, states should enact laws to ensure transnational corporations and conglomerates are held fully accountable for the emissions of their subsidiaries.
With the positive outcome from the Inter-American Court, the world now look with hope to the forthcoming Advisory Opinion on Climate Change from the International Court of Justice.
Meanwhile, Brazil will host the 30th Convention of Parties to the UN Framework Convention on Climate Change (COP30), commemorating the tenth anniversary of the Paris Agreement.
However, the Minister stated, "For humanity to survive climate change, we need to do more than celebrate anniversaries."
“We must pay heed to the twin consensus of science and law and address this emergency with the urgency, solidarity, and accountability that it demands.”
