States must act on the climate crisis and protect nature’s defenders 

“This is a long-awaited and hugely important signal from Latin America’s top human rights tribunal. It will have ripple effects far beyond the region and it's a great victory for all of us working to protect nature,” says Anders Haug Larsen, director of International Advocacy at Rainforest Foundation Norway.

The landmark advisory opinion issued by the Inter-American Court on Human Rights in early July, links the ongoing climate crisis with the states’ obligations under international human rights law. It builds on the 2017 ruling from the same court that recognized the right to a healthy environment as a standalone human right.

The new advisory opinion says that states have a responsibility to prevent, mitigate and remedy environmental harm and curb climate change, for citizens today, and future generations. The court calls on states to urgently take action towards this through policies and laws.

States must protect Indigenous rights and value traditional knowledge

Further, the advisory opinion reaffirms the duty of member states to protect Indigenous rights and environmental defenders.

"The statement makes it clear that all the Indigenous peoples fighting for the rights to their land have a legal right to do so under international human rights law. It could have considerable implications for Indigenous peoples today and their children and grandchildren,” Haug Larsen says.

The court also says that states not only have the responsibility to protect and restore ecosystems, but also to do so guided by science and traditional Indigenous knowledge. “Done right, this would mean effective and long-lasting measures to restore and protect valuable ecosystems, such as rainforests,” Haug Larsen says.

Shaping policies and litigation

Although unbinding, the court’s opinion is expected to shape lawsuits and policies across the region, as well as give direction to the upcoming climate negotiations, COP30 hosted by Brazil in the Amazon in November.

“This can only be understood as a marching order to states to comply with international law and both protect nature and ensure a healthy climate for its citizens now and in the future. We expect rainforest governments and other states alike to do their utmost at COP30 to ensure a strong agreement backed by the necessary funds to carry it out”, Anders Haug Larsen says.