Request for an advisory opinion on the climate emergency and human rights

Earthjustice argues that the American Convention on Human Rights requires States to implement a just transition to clean energy based on their 'fair share' of historical and current emissions. The brief advocates for the immediate phase-out of fossil fuel extraction and power generation, the elimination of fossil fuel subsidies, and the mandatory use of comprehensive climate assessments—including scope 3 emissions—for all new energy projects and policies. It emphasizes that human rights obligations may necessitate more ambitious mitigation than those outlined in the Paris Agreement and warns against 'false solutions' like carbon capture and storage.

• States are obligated to use the maximum available means and resources to mitigate greenhouse gas emissions to protect human rights, with the specific measures and timelines determined by each State's 'fair share contribution' based on historical responsibility and economic capacity.
• Human rights obligations under the American Convention may require States to adopt more ambitious mitigation measures than those specified in their nationally determined contributions (NDCs) under the Paris Agreement, as the latter set a minimum floor rather than a ceiling.
• To ensure a just transition, States must phase out fossil fuel extraction according to their fair share; developed states must stop approving new exploration and production immediately and provide financial and technical aid to less-developed states.
• Governments must eliminate all subsidies for fossil fuel extraction and reduce consumption subsidies, as these funds divert resources from clean energy and prolong climate harm.
• States should replace fossil fuel-generated power with clean energy by phasing out existing plants and removing regulatory barriers, such as implementing renewable portfolio standards, priority dispatch rules, and open grid access.
• The brief identifies 'false solutions'—including carbon capture and storage, methane gas as a 'bridge fuel', and certain hydrogen applications—that may deepen fossil fuel dependency and divert resources from genuine clean energy capacity.
• States must conduct comprehensive climate assessments for new projects and energy policies, which must include total life-cycle emissions (scope 3), an analysis of compatibility with the State's fair share, and an evaluation of feasible renewable alternatives.
• High-level energy policy decisions should be subject to 'strategic environmental assessments' to identify large-scale cumulative effects and ensure compatibility with the 1.5°C target before individual projects are approved.
• The transition to renewable energy must include human rights safeguards, particularly for Indigenous communities affected by the mining of critical minerals like copper and lithium, ensuring free, prior, and informed consent.

APA

Earthjustice (2023). Request for an advisory opinion on the climate emergency and human rights. https://earthjustice.org/wp-content/uploads/2025/07/earthjustice-climate-ao-submission-1.pdf

Chicago

Earthjustice. Request for an advisory opinion on the climate emergency and human rights. 2023. https://earthjustice.org/wp-content/uploads/2025/07/earthjustice-climate-ao-submission-1.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=Request for an advisory opinion on the climate emergency and human rights |date=18 December 2023 |url=https://earthjustice.org/wp-content/uploads/2025/07/earthjustice-climate-ao-submission-1.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2023request, author = {{Earthjustice}}, title = {{Request for an advisory opinion on the climate emergency and human rights}}, institution = {Earthjustice}, year = {2023}, month = dec, url = {https://earthjustice.org/wp-content/uploads/2025/07/earthjustice-climate-ao-submission-1.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }