The contribution of advisory opinions to the right to the environment in the inter-american system of human rights
DOI:
https://doi.org/10.20318/reib.2026.10608Keywords:
Human rights, environment, jurisprudence, Interamerican court, judgments, advisory opinions, Inter-american system, indigenous peoples, climate emergencyAbstract
This paper analyses the development of environmental rights within the InterAmerican Human Rights System, with particular attention to the role played by the advisory opinions of the Inter-American Court of Human Rights. The study examines the system’s regulatory framework and the evolution of the court’s jurisprudence in relation to environmental protection. From a dogmatic-legal perspective, it analyses in particular Advisory Opinions OC-23/17 on the environment and human rights and OC-32/25 on the climate emergency and human rights. The article argues that these decisions have contributed decisively to consolidating the right to a healthy environment as an autonomous human right within the regional system, broadening the scope of state obligations in the area of environmental protection.
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