Championing Intergenerational Justice at the Inter-American Court
The Climate Emergency in a Human Rights Court
On January 9, 2023, Chile and Colombia requested an advisory opinion to the Inter-American Court of Human Rights (IACtHR) regarding the climate emergency and its impact on human rights. As the most open and participative advisory jurisdiction of international tribunal, and recognising our leadership in championing intergenerational equity, the Court invited WYCJ to provide our insights on this critical issue. We submitted our perspectives through two comprehensive reports:
Intergenerational Equity: This report, prepared by our Legal Advocacy & Academic Taskforce, emphasizes the importance of fairness between generations.
Climate Justice: This report, developed by our Latin American Front, focuses on access rights in the context of the climate emergency.
The first set of oral hearings took place from 21-25 April in Barbados. Mariana Campos (Latin America Deputy Front Convenor) Aditi Shetye (Lead of Legal Advocacy), and Christianne Zakour (Caribbean Deputy Front Convenor) represented WYCJ in this historic setting. In Barbados, we presented our arguments before the Court and strengthened our partnerships with States and movements in the Americas and the Caribbean.
Climate Justice Hearings in Barbados
In WYCJ’s first appearance before an international court, Mariana Campos argued that “states must fulfill their duties of respect and protection towards present generations, especially children and youth, as well as towards future generations whose material interest in living with dignity on this planet also involves our interest in preserving our own species”. Aditi emphasized the need for the Court to “include the concept of intergenerational equity in its opinion, as it is essential to protecting children’s rights and of future generations in light of the climate emergency” and invited the Court to “consider the clear future-facing or intertemporal dimension of climate change”.
Mariana and Aditi pleading before the Inter-American Court of Human Rights.
States such as Chile, Colombia, Barbados, Mexico, and Vanuatu presented their legal arguments to the Court, emphasizing State responsibility for transboundary harm, the integration of the Common But Differentiated Responsibilities principle to the interpretation of the Court, the need of States to comply with their legal obligations regarding climate change with special protection to the most vulnerable groups and they also expressed to the Court their expectation that, being one of the most progressive courts on reparations, it could issue an Advisory Opinion including these visions.
Sharing our vision for climate justice
On April 22nd, the Center for Justice and International and Law organized a critical meeting at the UN House in Barbados, where various CSOs gathered to strategize on key arguments to present before the Court. The discussion highlighted the need for the court to recognize irreparable harm in its considerations.
Aditi participates in CSO meeting convened by the Center for Justice and International and Law
Oxfam highlighted states' extraterritorial obligations and the right to food under international law. RESAMA addressed migration and displacement due to climate change, and indigenous peoples’ rights in the Amazon. IGSD & CHRE emphasized the necessity of limiting warming to 1.5°C, state obligations based on science, and the human right to resilience. FACE focused on intergenerational justice and the importance of youth narratives. The Fossil Fuel Non-proliferation Treaty discussed phasing out fossil fuels and related state obligations. Vanuatu highlighted human rights impacts, state responsibility, and past as well as forward-looking obligations of States regarding climate change. CEJIL emphasized mitigation grounded in the convention’s language, focusing on the duty to prevent harm and due diligence. UCLA discussed non-discrimination and the racial dimensions of the ecological crisis, particularly affecting Afro-descendant communities. These strategic discussions fortified our arguments during the Barbados hearings.
Side event: What can we expect from this advisory opinion?
WYCJ participated in the side-event “Climate Emergency and Human Rights at the Inter-American Court: what to Expect from the Advisory Opinion Process?” organized by the Special Rapporteur on Economic, Social, Cultural and Environmental Rights of the Inter-American Commission on Human Rights, the University of West Indies Cave Hill Campus Faculty of Law, the One Ocean Hub and the Interamerican Association for Environmental Defense (AIDA).
Mariana participates in side-event convened by the Inter-American Commission on Human Rights.
The panel was composed by:
Alana Malinde S.N. Lancaster, Lecturer in Law & Head of the Caribbean Environmental Law Unit, Faculty of Law (Cave Hill Campus), The UWI
Adrián Martínez, La Ruta del Clima
Angélica Corredor, Comité Ambiental por la Defensa de la Vida Tolima
Laura Serna, Coalition ALAIRE
The side-event took place in the Ralph Carnegie Lecture Theatre of the UWI Cave Hill Faculty of Law. Mariana talked about the opportunity for the Court to further develop the principle of intergenerational equity through this advisory opinion, considering the urgency it represents for children, youth and future generations. “The climate emergency vulnerabilities are proportional to each person’s birthdate”, she highlighted.
Next steps: Climate Justice Hearings in Brazil
The Court has called for a second round of public hearings in Brazil during the month of May. Stubborn optimist from Latin-America, Yeshu Hernández (Mexico), Juan Ignacio Rodríguez (Costa Rica) and Mariana Campos (Mexico) will present our arguments on access rights before the Court.