Inter-American Court of Human Rights: There is a Human Right to a Healthy Climate

On 3 July 2025, the Inter-American Court of Human Rights (“ IACHR ”) handed down its advisory opinion on the climate emergency and human rights (the “ IACHR Opinion ”) which, among other conclusions, finds that there is a human right to a healthy climate and that States have obligations to protect and uphold that right. Among these obligations include the expectation to regulate businesses and oversee that they mitigate their contribution to climate change.

The IACHR Opinion is the second advisory opinion from an international court on State duties in the context of climate change. In May 2024, the International Tribunal on the Law of the Sea released its advisory opinion on States’ obligations to preserve the oceans from the effects of climate change and, after the publication of t