By: Jared Trinkler
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) released advisory opinion OC-32/25, issuing a landmark decision recognizing the right to a healthy climate as an enforceable human right. While the IACtHR has previously acknowledged the importance of climate change, this advisory opinion represents a shift from voluntary encouragement to legal obligation for Inter-American states.
The legal duties imposed by the advisory opinion provide special protections for vulnerable groups including Indigenous and Afro-descendant communities, rural and fishing populations, women, children, elderly citizens, and socioeconomically marginalized groups. The IACtH placed a strong emphasis on the inter-generational impact of climate change, recognizing future generations as rights holders. This builds on the Court’s decision in La Oraya, which established a healthy environment as a “universal interest owed to present and future generations.”
The advisory opinion included guidelines for adaptation of climate change policy. Implementation must be consistent with the Paris Agreement and UNFCCC. Any form of adaptation must reflect due diligence, respect for procedural rights, non-discriminatory policy, and the best available scientific evidence. Adaptation must be an iterative and holistic process incorporating other human rights such as life, health, housing, education, and water and access to food.
The IACtHR advisory opinion empowered states to hold companies accountable for their contributions to the climate change crisis. States are now tasked with requiring companies to take the following measures to reduce corporate impact on climate change: 1) disclosing greenhouse gas emissions; 2) actively reducing overall emissions; and 3) cracking down on ‘greenwashing’ and efforts to influence political and regulatory entities.
Ineffective regulation of climate change has had a disparate impact on Inter-American ecosystems. For example, last year the Amazon rainforest experienced 346,112 fire hotspots between January and September which was the highest recorded total since 2007. Amazon fires are primarily driven by human deforestation activities like soybean and beef production. Deforestation reduces rainfall, increasing the frequency of fires.
The IACtHR advisory opinion highlights the Court’s goal of enforcing climate action through the states. While this is a historic step in the right direction for the fight against climate change, the impact will depend how states implement and comply with these mandates.
