- The Inter-American Court of Human Rights has issued a landmark Advisory Opinion on the climate emergency, setting a historic legal precedent.
- The Court outlines human rights standards in the context of the climate emergency and affirms the obligations of states to protect Indigenous, Afro-descendant, and rural communities, as well as women leaders.
Lima, Peru, July 8, 2025 – The Inter-American Court of Human Rights (IACtHR) has issued Advisory Opinion OC-32/25 on “Climate Emergency and Human Rights,” at the request of Chile and Colombia. In the declaration, the IACtHR recognizes the climate emergency as an imminent and urgent reality, and establishes a legal framework for states to uphold the right to a healthy environment. This marks the first time an international court has addressed the impact of the climate crisis on specific populations and affirmed the obligation to protect their rights.
Protecting Indigenous, Tribal, Afro-descendant, and Rural Communities
The IACtHR unequivocally declared that the current situation constitutes a climate emergency – one that severely threatens humanity and disproportionately harms the most vulnerable groups, including Indigenous and tribal peoples, Afro-descendant and rural communities. The Advisory Opinion underscores the profound impacts of climate change on these populations, highlighting their vital connection to the environment and their key role in preserving ecosystems.
The IACtHR stressed that climate change exacerbates the vulnerability of certain populations due to pre-existing structural factors such as poverty and inequality. It emphasized that states must adopt differentiated measures to ensure equality in the provision of rights for Indigenous peoples, rural communities, Afro-descendants, children, and adolescents, who may suffer disproportionately from the crisis.
The IACtHR reaffirmed the obligation of states to guarantee the right to free, prior, and informed consultation with Indigenous, tribal, and rural communities – especially when projects may affect their territories, cultures, livelihoods, or other essential rights. In cases of major impact, states must obtain their consent, respecting their customs and traditions. The IACtHR also emphasized the importance of involving these communities in decision-making processes that respond to the climate emergency and of valuing their traditional, local, and Indigenous knowledge.
Accordingly, states must take all necessary steps to respect and protect the rights of Indigenous people, particularly their land and cultural identity, and support the preservation and application of traditional, Indigenous knowledge relating to climate, the environment, and human rights.
Heightened Protection for Environmental Defenders
The Advisory Opinion recognizes that states have a special duty to protect environmental defenders, including Indigenous, Afro-descendant, rural, and women leaders who face heightened risks of censorship, threats, criminalization, and harassment for their essential work defending human rights in the context of the climate crisis. The IACtHR calls on states to create or strengthen national protection programs, investigate and punish attacks, and counter the criminalization of environmental activism. Protection measures must take an intersectional approach that addresses the unique vulnerabilities of these groups.
“We call on states to act urgently and put an end to extractive activities causing irreversible harm. It is time for governments to show genuine commitment to life, to human rights, and to protecting those who defend their land and the environment. Climate justice cannot be delayed, humanity’s survival is at stake,” said Juliana Bravo Valencia, director of the Latin America office, EarthRights International.
We are deeply grateful to the 25 Indigenous, tribal, rural, and Afro-descendant communities and organizations from Alaska to the Amazon that worked with us to bring their claims before the IACtHR. Above all, we honor their deep knowledge of their territories, their courage in exposing the enormous impacts of the climate crisis on their lives, and their unwavering defense of nature.
About EarthRights International:
EarthRights International (ERI) is a nonprofit organization that combines the power of law and the power of people in defense of human rights and the environment.
Media Contact:
Daniela Colaiacovo
(703) 975-0608
daniela.colaiacovo@earthrights.org
