Climate Change Is An “Emergency” Requiring A Human Rights Framework
A new advisory opinion from the Inter-American Court of Human Rights has declared climate change an “emergency” and has reaffirmed the obligations of States to promote and protect human rights.
On 3 July 2025, the Inter-American Court of Human Rights (IACtHR) released a landmark opinion on the obligations of States to promote and protect human rights within the larger context of climate change.
We are continuing to study the opinion and anticipate releasing more thorough guidance for States and business enterprises. Based on the IACtHR’s oral summary given on 3 July 2025, the advisory opinion heralds a significant evolution of human rights law in the context of nature, the planet, and climate action. In addition to stressing the mandatory obligations on States to halt global warming consistent with the best available science, the IACtHR connected this universal obligation to key principles of equity and common but differentiated responsibility. This implies that countries with greater capabilities and historical emissions now bear heightened and urgent responsibilities to transition our global economic system toward an emissions-free future.
The IACtHR significantly advanced the rights of nature in this opinion, concluding that international human rights law must move beyond anthropocentrism in favor of an integrative approach that includes nature. The Court also strengthened the right to a healthy environment and provided the framework for a “right to a healthy climate.” The IACtHR also identified a peremptory norm of international law (jus cogens) prohibiting irreversible damage to the climate. Finally, the Court connected climate action with democracy and the rule of law, stressing that people have a right to science and to access justice in the context of climate change. Particularly vulnerable communities must be protected through equitable adaptation measures.
