The Inter-American Court of Human Rights on Thursday issued a landmark advisory opinion linking governments’ human rights obligations to their responsibility to address the threat of climate change — a move expected to shape policy and litigation regarding the right to a healthy climate across Latin America and the Caribbean.

The opinion is the first of its kind from the region’s top human rights tribunal and responds to a 2023 request from Colombia and Chile. It says states have a duty under international law to prevent, mitigate and remedy environmental harm that threatens human rights, including through laws, policies and actions aimed at curbing climate change.

The court outlined a series of legal standards, including the recognition of a human right to a healthy climate, the obligation to prevent massive and irreversible environmental harm as well as the duty to protect the rights of current and future generations.

“The Court has declared that we are in a climate emergency that is undermining the human rights of present and future generations and that human rights must be at the center of any effective response,” Nikki Reisch, program director at the Center for International Environmental Law Climate and Energy, told The Associated Press.

The opinion said states have a legal duty not only to avoid environmental harm but also to protect and restore ecosystems, guided by science and Indigenous knowledge.

“This is a historic opinion,” said Reisch, regarding the right to a healthy climate. “It’s not just a legal milestone — it’s a blueprint for action. This opinion will guide climate litigation at the local, regional, and national courts, and provide a foundation for climate policymaking, grounding local legislation and global negotiations in legal obligation, not just in the Americas but around the world.”

Though not binding, the court’s opinions carry legal weight in many member countries of the Organization of American States and often influence domestic legislation, judicial rulings and international advocacy. The court’s findings are expected to bolster climate-related lawsuits and human rights claims in the region, and to influence negotiations ahead of COP30 — the next major United Nations climate summit, set to take place in November in Belem, Brazil.

Read the full article about the right to a healthy climate at WTOP.