Climate Justice and Human Rights: Legal Standards and Tools from the Inter-American Court’s Advisory Opinion 32/25

The report details the Inter-American Court of Human Rights' (IACtHR) Advisory Opinion 32/25, which recognizes the right to a healthy climate as an autonomous and justiciable right. It establishes that States have binding obligations to mitigate greenhouse gas emissions, adapt to climate impacts, and provide integral reparations. The Court introduces a high standard of 'enhanced due diligence' for climate action and recognizes Nature as a subject of rights. It also outlines specific protections for vulnerable groups, including Indigenous Peoples, LGBTIQ+ persons, persons with disabilities, and future generations, while emphasizing the necessity of environmental democracy through access to information, public participation, and the protection of environmental defenders.

• The IACtHR recognizes the right to a healthy climate as an autonomous and justiciable right under Article 26 of the American Convention, defining it as a system "free of anthropogenic interferences that are dangerous for human beings and Nature as a whole".
• The Court establishes that the prohibition against causing irreversible environmental damage is a peremptory norm (jus cogens), meaning it is a non-derogable rule that binds all States.
• States are legally obligated to set binding GHG emission reduction targets that are "as ambitious as possible", lead to carbon neutrality, and are based on the best available science and the 1.5°C temperature threshold.
• The Court recognizes Nature as a subject of rights, affirming that protecting Nature independently of its utility to humans is essential to prevent existential harm.
• States have a binding and immediately enforceable obligation to define, update, and implement National Adaptation Plans (NAPs) that address both immediate needs and structural causes of vulnerability.
• The duty of international cooperation is established as a binding legal obligation under customary international law and the OAS Charter, requiring good faith, technology transfer, and financial assistance.
• Business enterprises, particularly high-emitters in fossil fuel and agro-industrial sectors, bear independent human rights obligations to prevent climate harm and contribute to mitigation and reparations.
• States must ensure that parent companies are held liable for GHG emissions generated by their subsidiaries, enabling legal actions against companies headquartered in the Global North for harms in the Global South.
• Indigenous Peoples are recognized as particularly vulnerable to the climate emergency, requiring a high standard of climate due diligence and the mandatory obtainment of free, prior, and informed consent for large-scale projects.
• The Court identifies a specific duty to protect LGBTIQ+ persons and persons with disabilities through differentiated protection measures and the removal of structural barriers to climate information and policy participation.
• Climate-induced human mobility is recognized as a human rights issue, obligating States to provide humanitarian protection mechanisms, such as humanitarian visas, and to prevent returns incompatible with international law.
• Intergenerational equity is established as a binding legal duty, meaning that failing to act now places an unfair burden on future generations and triggers State responsibility.
• States must actively combat climate disinformation and ensure the right to access accurate, science-based information, which is considered a matter of public interest requiring maximum disclosure.
• Environmental human rights defenders are owed a "special duty of protection", requiring States to investigate and punish all forms of harassment and to prevent the criminalization of their work through SLAPP suits.
• Integral reparation is established as a third structural pillar of climate action, requiring transformative measures that include ecological restoration and the addressing of structural causes of vulnerability.

APA

Arroyave, L., Bateman, S., Boyd, D., Bernal, V. C., Campos-Vega, M., Umesha, H. C., Chaparro, S., Chiemi, T., De Bona, M., Martins, I. G., Silva, J. A. G., Comi, M. L. G., Gómez-Betancur, L., Grijalva, A., Guidi, E. S., Albarracín, B. H., Piedrahita, F. I., Khatri, U., Kopas, J., ... Vargas, K. (2025). Climate Justice and Human Rights: Legal Standards and Tools from the Inter-American Court’s Advisory Opinion 32/25. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2025/10/inter_american_court_climate_ao_legal_tools.pdf

Chicago

Arroyave, Lina, Selena Bateman, David Boyd, Valeria Cabrera Bernal, Mariana Campos-Vega, H.L. Chamindri Umesha, Sergio Chaparro, et al. Climate Justice and Human Rights: Legal Standards and Tools from the Inter-American Court’s Advisory Opinion 32/25. Center for International Environmental Law, 2025. https://www.ciel.org/wp-content/uploads/2025/10/inter_american_court_climate_ao_legal_tools.pdf.

Wikipedia

{{cite report |last1=Arroyave |first1=Lina |last2=Bateman |first2=Selena |last3=Boyd |first3=David |last4=Bernal |first4=Valeria Cabrera |last5=Campos-Vega |first5=Mariana |last6=Umesha |first6=H.L. Chamindri |last7=Chaparro |first7=Sergio |last8=Chiemi |first8=Trina |last9=De Bona |first9=Melina |display-authors=etal |title=Climate Justice and Human Rights: Legal Standards and Tools from the Inter-American Court’s Advisory Opinion 32/25 |publisher=Center for International Environmental Law |date=October 2025 |url=https://www.ciel.org/wp-content/uploads/2025/10/inter_american_court_climate_ao_legal_tools.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{arroyave2025climate, author = {Arroyave, Lina and Bateman, Selena and Boyd, David and Bernal, Valeria Cabrera and Campos-Vega, Mariana and Umesha, H.L. Chamindri and Chaparro, Sergio and Chiemi, Trina and De Bona, Melina and Martins, Ingrid Gomes and Silva, Juan Angel Gómez and Comi, María Luisa Gómez and Gómez-Betancur, Luisa and Grijalva, Agustín and Guidi, Elena Sofia and Albarracín, Beldys Hernández and Piedrahita, Federico Isaza and Khatri, Upasana and Kopas, Jacob and Lofts, Katherine and Luengo, Sebastian and Blanco, Adrián Martínez and Manupipatpong, Mae and Cáceres, Dalet Merchán and Rodríguez, Natalia Oviedo and Phillips, Carly and Pino, Felipe and Plazas, Ana Sofía and Reisch, Nikki and Ribeiro, Marcella and Sauer, Clara and Mosquera, Laura Serna and Serra, Maria Alejandra and Shetye, Aditi and Soni, Gunjan and Spiegel, Jennifer and Vieira, Victor Hugo Streit and Super, Katie and Terena, Ricardo and Tigre, Maria Antonia and Vargas, Karla}, title = {{Climate Justice and Human Rights: Legal Standards and Tools from the Inter-American Court’s Advisory Opinion 32/25}}, institution = {Center for International Environmental Law}, year = {2025}, month = oct, url = {https://www.ciel.org/wp-content/uploads/2025/10/inter_american_court_climate_ao_legal_tools.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }