What is it about?
The article provides a detailed examination of the Inter‑American Court of Human Rights’ Advisory Opinion OC‑32/25 on the climate emergency and human rights, a landmark legal development in how human rights law is interpreted in the face of climate change. This article explores how the Court articulates the substantive, procedural, and intersectional obligations of States to address climate change under human rights frameworks. The Advisory Opinion reframes climate action not just as environmental or policy concerns, but as binding human rights duties, including obligations to prevent harm, mitigate impacts, protect vulnerable groups, and ensure access to justice based on the best available science and equity principles. Key themes include: Recognition of the right to a healthy climate and its connection to fundamental human rights; Legal duties for States to act ambitiously on mitigation, adaptation, and accountability;• The role of procedural rights (access to information, participation, and justice) in effective climate governance; and attention to differential impacts on vulnerable populations and intersectional obligations.
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Why is it important?
This article is important because it addresses a groundbreaking legal development at the intersection of human rights and climate change. It analyzes the Inter-American Court of Human Rights’ Advisory Opinion OC‑32/25, which is one of the first formal, authoritative statements by a major human rights court explicitly linking climate change to human rights obligations. This sets a precedent for other courts and international bodies. The article also explores how states are legally obligated not just to mitigate emissions, but also to protect vulnerable populations, ensure access to justice, and integrate equity and science-based approaches in climate policies. This reframes climate action as a binding human rights duty, not merely an environmental or policy goal. It highlights procedural rights, emphasizing the access to information, participation, and legal remedies, showing that human rights principles can strengthen accountability and governance in climate policy. In addition, the article highlights intersectional vulnerabilities, stressing that climate impacts disproportionately affect marginalized communities. This connects climate justice directly with human rights protection. By unpacking the Court’s reasoning, the article provides practical guidance for policymakers, lawyers, and advocates seeking to implement or challenge climate measures in line with human rights obligations. In short, this article is not just academic, it translates a major legal innovation into actionable knowledge, helping to shape how states and international actors respond to the climate emergency through a human rights lens.
Perspectives
From my perspective, this article represents more than just a legal analysis, it is a wake-up call about the urgency of aligning human rights with climate action. What struck me most is how the Inter-American Court of Human Rights frames climate change not as an abstract environmental problem, but as a direct human rights issue affecting real people, especially the most vulnerable. I found it particularly compelling how the article emphasizes the intersection of substantive and procedural obligations: that protecting human rights in the climate context is not only about reducing emissions, but also about ensuring participation, access to information, and accountability. This resonates deeply with my belief that justice, equity, and science must guide climate policies, not only technical or economic considerations. Personally, reading this work reinforced my sense of responsibility, as a researcher, advocate, or professional, to translate legal principles into tangible protection for communities at risk. It also inspires optimism, showing that the law can be a tool to drive urgent climate action rather than just a framework for debate. In short, this article has deepened my appreciation of the transformative potential of human rights law in responding to the climate emergency.
Susana Borràs-Pentinat
Universitat Rovira i Virgili
Read the Original
This page is a summary of: The IACtHR Climate Emergency Advisory Opinion: A Legal Analysis of the State Obligations, Environmental Policy and Law, December 2025, SAGE Publications,
DOI: 10.1177/18785395251403470.
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