The Inter-American Court of Human Rights (IACHR) has officially published its opinion affirming that all countries in the Americas have legal obligations under human rights law to address the climate crisis. This decisive Advisory Opinion OC-32/25, issued on May 29, 2025, and published recently, integrates the right to a healthy climate as a part of the well-established right to a healthy environment.
This ruling, requested by Chile and Colombia in 2023, tackles the escalating climate emergency, attributing it primarily to human-induced greenhouse gas emissions. The court drew upon extensive scientific evidence and over 600 submissions encompassing states, Indigenous communities, civil society organizations, academics, and individuals, identifying the risks to vital human rights such as life, health, water, food, housing, and cultural identity.
States are now mandated to establish ambitious emissions reduction targets, secure public participation, and ensure justice access for those adversely impacted. The court clarified these are binding obligations rooted in the American Convention on Human Rights, the Protocol of San Salvador, and the American Declaration of the Rights and Duties of Man.
The opinion extends previous rights established in the 2017 Advisory Opinion OC-23/17, emphasizing the legal protection of the climate system itself. Furthermore, actions resulting in irreversible environmental damage could breach jus cogens norms, recognizing the foundational threat such damage poses to the human rights framework.
The court underscores the protection of environmental defenders, notably Indigenous peoples and rural communities, acknowledging the high risk faced by such groups in Latin America. In 2023, three environmental activists were killed weekly, according to Global Witness. Necessary protective measures and legal procedures are now required from states.
Delta Merner from the Union of Concerned Scientists highlighted the significance of this opinion in establishing governors’ duty to control corporate climate impacts, while Carly Phillips called it pivotal for climate justice.
Finally, the opinion addresses the divide between contributions to and impacts from climate change, urging wealthier nations to provide support to the most affected areas, primarily in the Global South. Though the U.S. falls outside the court’s jurisdiction, the ruling’s influence is expected to ripple through legal contexts across the Americas and international judicial bodies worldwide.