DERECHOS HUMANOS Y AMBIENTE: DESAFÍOS PARA EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS

This research paper examines the conceptual and legal intersections between international human rights law and international environmental law, focusing on the Inter-American System of Human Rights. The author argues that while the two regimes historically differed in approach—human rights being anthropocentric and environmental law oscillating between anthropocentric and biocentric—they are increasingly integrated. The document analyzes how human rights tools, such as precautionary measures and state responsibility for the acts of third parties, are used to protect environmental rights and reviews regional jurisprudence from the Inter-American, African, and European systems to illustrate the environmental dimensions of the rights to life, property, and information.

• International human rights law and international environmental law have historically operated with different focuses and languages: human rights law is anthropocentric and uses the language of "rights" linked to human dignity, whereas environmental law varies between anthropocentric and biocentric approaches and utilizes the language of "standards" to define environmental quality and emission limits.
• The Inter-American System of Human Rights has expanded the use of precautionary measures by granting them to "identifiable" persons rather than requiring them to be "identified." This shift has been critical in protecting indigenous communities and people in voluntary isolation from threats such as hydrocarbon exploration, illegal logging, and the expansion of African palm monocultures.
• State responsibility for environmental violations can be triggered by the actions of private third parties if the State fails to exercise due diligence. This duty of guarantee includes four basic obligations: to prevent, investigate, punish, and remedy. Prevention is specifically operationalized through environmental impact studies, public consultations, and the effective supervision of dangerous activities.
• Regional jurisprudence has established that the right to life and the right to a dignified existence are inextricably linked to a healthy environment. The Inter-American Commission has specifically linked industrial pollution and toxic derivatives in water, air, and soil to threats against the right to life and physical integrity.
• The Inter-American Court of Human Rights has interpreted the right to property (Article 21 of the American Convention) to include the communal property rights of indigenous peoples. This interpretation recognizes that the relationship between indigenous peoples and their ancestral lands is a fundamental basis for their culture, spiritual life, and economic survival.
• The right to access information under state control is a critical tool for environmental protection and democratic governance. In the Trillium case, the Court established that the right to "seek" and "receive" information allows citizens to exercise democratic control and transparency over state activities, such as foreign investment projects affecting forests.
• Comparative jurisprudence from the African and European systems reinforces the state's positive obligation to regulate dangerous activities. The African Commission found Nigeria responsible for toxic waste spills in Ogoniland due to a failure to regulate oil companies, while the European Court has held states responsible for failing to take preventive measures against known industrial risks, such as methane explosions in Turkey or industrial pollution in Spain and Russia.

APA

Orellana, M. A. (n.d.). DERECHOS HUMANOS Y AMBIENTE: DESAFÍOS PARA EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/Morellana_DDHH_Nov07.pdf

Chicago

Orellana, Marcos A. DERECHOS HUMANOS Y AMBIENTE: DESAFÍOS PARA EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS. Center for International Environmental Law, n.d. https://www.ciel.org/wp-content/uploads/2015/03/Morellana_DDHH_Nov07.pdf.

Wikipedia

{{cite report |last1=Orellana |first1=Marcos A. |title=DERECHOS HUMANOS Y AMBIENTE: DESAFÍOS PARA EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS |publisher=Center for International Environmental Law |url=https://www.ciel.org/wp-content/uploads/2015/03/Morellana_DDHH_Nov07.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{orellanandderechos, author = {Orellana, Marcos A.}, title = {{DERECHOS HUMANOS Y AMBIENTE: DESAFÍOS PARA EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/Morellana_DDHH_Nov07.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }