Inter-American Court of Human Rights Advisory Opinion 32/25: climate emergency and human rights

Summary

On May 29, 2025, the Inter-American Court of Human Rights published its Advisory Opinion 32/25 on the climate emergency, which affirmed that “recognition of Nature as a subject of rights does not introduce content that is alien to the Inter-American [system on human rights] but rather represents a contemporary expression of the principle of the interdependence between human rights and the environment.” (para 282).

The Court ruling on RON (B.1.2. The Protection of Nature as a Subject of Rights, paragraphs 279 to 286): “Recognition of Nature’s right to conserve its essential ecological processes contributes to strengthening a truly sustainable development model that respects planetary limits and ensures the availability of crucial resources for present and future generations. Making progress towards a paradigm that recognizes rights inherent in the ecosystems is fundamental for the protection of their long-term integrity and functionality, and it provides coherent and effective legal tools in relation to the triple planetary crisis to prevent existential harm before the latter becomes irreversible.” (para. 279). “This approach reinforces a paradigm focused on the protection of the ecological conditions that are essential for life and empowers local communities and Indigenous peoples, who have historically been the guardians of the ecosystems and possess deep-rooted traditional knowledge of their functioning.” (para. 280).

Finally, the Court noted “a growing tendency in legislation and case law to recognize Nature as a subject of rights. This tendency is reflected in judicial decisions at the regional and global level, as well as in the domestic laws of several countries of the Americas, such as, Canada, Ecuador, some subnational entities.” (para. 286).

Those who attended the hearing in Barbados on April 24, 2025, said that one could feel the tension surrounding the issue of Nature as a rights-holder. The judges paid close attention to the matter because of the expansion of rights of nature in Latin America and the rest of the world. The resolution was approved by 4 votes against 3—reflecting the contentious nature of RoN.

Impact Statement

IACHR Advisory Opinions have a very important effect in Latin America’s constitutionalism. As such, the Court’s ruling is an unprecedented development that greatly contributes to the consolidation of the Rights of Nature paradigm.

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