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The Inter-American Court of Human Rights (IACHR) on Thursday handed down an advisory opinion requested in 2023 by Chile and Colombia to clarify state obligations related to the climate crisis.

In a public hearing held at the court’s headquarters in the Costa Rican capital of San José, Judge Nancy Hernández read out the trailblazing decision on climate change, which for the first time in IACHR history stated a clear link between the “climate emergency” and human rights. The opinion also recognises that states and companies have an obligation to mitigate global warming and its impacts.

“The evidence we saw during the hearings and written submissions shows us that there is no more margin for indifference,” said Judge Hernández. “This is a contribution from law, but law alone is not enough. Success depends on what each one of us can do.”

The Inter-American Court of Human Rights holds jurisdiction over 20 Latin American and Caribbean states, where its advisory opinions are binding. But the strongly-worded climate ruling states that it is binding for all signatories of the Organization of American States, including the US and Canada.

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The landmark 230-page ruling mentions for the first time a subcategory of the human right to a healthy environment, by introducing a “right to a healthy climate”. Court judges said that this is defined as a climate system “free of anthropogenic interference dangerous” for nature and people.

According to the court ruling, states are also expected to cooperate to take actions to reduce emissions that are “as ambitious as possible”, and are obliged to prevent harm by carrying out environmental impact studies.

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