Principles of Environmental Democracy in the Advisory Opinion of the Inter-American Court of Human Rights on Climate Emergency and Human Rights

Abstract

This commentary describes the advisory opinion on climate emergency and human rights issued by the Inter-American Court of Human Rights. The court opinion constitutes a significant answer to one of the subjects that most impacts nature and people. The opinion addresses fundamental issues of climate change and its risks in the fulfillment of human rights, and establishes rigorous obligations for states. Focus is placed on the development of the principles of environmental democracy in relation to climate change. Taking into consideration the relation and complementarity between the provisions of the American Convention on Human Rights, the San Salvador Protocol, and the Escazú Agreement, the commentary focuses on the role of the rights of access to environmental information, public participation in the environmental decision-making process, and access to justice and its application in the context of the climate emergency.