25 July 2025
Enhanced Due Diligence
The IACtHR establishes that States have a series of obligations to ensure a healthy environment and climate, and prevent violations of human rights. To this end, the IACtHR develops the standard of enhanced due diligence as a binding framework for State action. This standard includes elements aimed at ensuring that the response to climate change is effective, fair, transparent, and evidence-based (para. 224). This blog post discusses the heightened due diligence standard, as clarified by the IACtHR, and outlines nine key elements of this standard. Continue reading >>
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22 July 2025
Protecting Rights in the Anthropocene
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) issued its long-awaited Advisory Opinion No. 32 (AO-32/25) on the “Climate Emergency and Human Rights”. With its opinion, the IACtHR became the first human rights monitoring body to recognize that a healthy climate is an autonomous and justiciable human right. This blog post traces the emergence of this new right within the Inter-American Human Rights System (IAHRS) and highlights its most transformative elements for theory and practice. Continue reading >>
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19 July 2025
Reproductive Rights and the Climate Crisis
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) published its long-awaited Advisory Opinion 32/25 (AO-32/25). The Opinion responds to a 2023 request from Colombia and Chile, asking the IACtHR to clarify the scope of States’ obligations to address the climate emergency under international human rights law. While the decision marks a significant step toward recognizing the climate crisis as a human rights issue, this blog post aims to shed light on a critical omission in the IACtHR’s reasoning: the impact of environmental degradation and the climate emergency on sexual and reproductive health and rights. Continue reading >>
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16 July 2025
Jus Cogens and the Climate Crisis
While there are many aspects of the Inter-American Court of Human Rights (IACtHR)’s Advisory Opinion 32/25 (AO-32/25) that are new and groundbreaking, the inclusion of a reflection on jus cogens might have surprised some observers. The legal consequences of the recognition as jus cogens of the obligation not to create irreversible damage to the climate and the global environment are profound. Treaties violating the norm are void, customary international law rules cannot exist, nor does the persistent objector rule apply. Continue reading >>15 July 2025
The Right to a Healthy Environment as a Catalyst for Urgent and Ambitious Climate Action at the IACtHR
The right to a healthy environment is at the heart of the landmark Advisory Opinion 32/25 (AO-32/25) on the climate emergency from the Inter-American Court of Human Rights (IACtHR). AO-32/25 marks the clearest ruling to date from an international court on the urgency of transformative changes to address the existential threat of the planetary environmental emergency caused by human activities. Continue reading >>
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09 July 2025
A Blueprint for Rights-Based Climate Action
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) issued Advisory Opinion No. 32—the most important and progressive document yet released by an international court on the climate crisis. The IACtHR’s findings are as comprehensive as they are groundbreaking, spanning areas from procedural requirements for mitigation measures to the protection of environmental defenders. This post launches a blog symposium on the advisory opinion and discusses ten key takeaways, chosen to illustrate the opinion’s legal and practical significance. Continue reading >>
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10 March 2023