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Inter-American Court of Human Rights Will Issue Advisory Opinion to Guide States on their Obligations to Address the Climate Emergency

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22 March 2023 — The Inter-American Court of Human Rights agreed to the request to issue an advisory opinion on Climate Emergency and Human Rights under Article 64(1) of the American Convention on Human Rights. The request for the advisory opinion, submitted to the Court on 9 January 2023 by the Republic of Chile and the Republic of Colombia, seeks to clarify the scope of State obligations to respond to the climate emergency within the framework of international human rights law.

Today the court accepted the request to issue an advisory opinion and accepted the series of questions brought forth by Chile and Colombia that will allow the Court to provide guidance on the obligations of States to address the climate emergency according to human rights law.

The President of the Court invited requests for the presentation of amicus curiae briefs and established August 18th, 2023 as the deadline to submit written observations to the Court. The brief with observations can be sent by e-mail to: tramite@corteidh.or.cr, or mailed to the street address of the Inter-American Court of Human Rights: Avenida 10, Calles 45 y 47 Los Yoses, San Pedro, San José, Costa Rica.

“Given the severity of the climate impacts we are already experiencing, we can no longer wait to implement urgent mitigation and adaptation measures. Framing climate solutions under the lens of human rights obligations can strengthen the obligations and responsibilities of different actors,” said Romina Picolotti, President and founder of the Center for Human Rights and Environment.

Picolotti added, “Climate justice can only be achieved if we slow the rate of warming this decade, focusing efforts on measures that can reduce the rate of warming now such as a reduction of methane and the protection of sinks. These measures will grant additional time for communities to build resilience and can also generate local jobs through their implementation. We commend the Inter-American Court for accepting the request to provide an expert opinion on this matter.”

For additional information, or if you are interested in presenting amicus curiae, please contact Amelia Murphy at amurphy@igsd.org.

See IGSD's Contributions to the Inter-American Court of Human Rights Advisory Opinion. Spanish: Aportes a la Opinión Consultiva de la Corte Interamericana de Derechos Humanos.

Additional Resources

  • Original Solicitud de Opinión Consultiva sobre Emergencia Climática y Derechos Humanos a la Corte Interamericana de Derechos Humanos de la República de Colombia y la República de Chile is here.
  • Unofficial English translation, Request for an advisory opinion on the Climate Emergency and Human Rights submitted to the Inter-American Court of Human Rights by the Republic of Colombia and the Republic of Chile, is here.