opined, is positive because it would allow states to guarantee human rights of
persons outside its territory.
In the end, the advisory opinion of the Inter-American Court of Human Rights
makes an important contribution to clarifying human rights responsibilities for
extraterritorial impacts. It explicitly underlined the notion that environmental
degradation and the adverse impacts of climate change affect the effective
enjoyment of human rights. Therefore, it comes as no surprise that the Court also
extolled the importance of the right to a healthy environment.
II.iii. The Right to a Healthy Environment
The Inter-American Court of Human Rights proclaimed that, “A clean
environment is a fundamental right for the existence of humanity.” The Court
affirmed that the American Convention on Human Rights protects this right and
for the first time, it explicitly outlined some of its key components.
For example, the Inter-American Court explained that the right to a healthy
environment has both collective and individual dimensions. That is, it expresses a
universal interest that is due to present and future generations, as much as its
infringement also affects individuals. In that regard, the court noted that the
right to a healthy environment is connected to other rights, such as the right to
health, personal integrity and the right to life, among others.
Notwithstanding these inter-connections, the court clarified that the right to a
healthy environment is autonomous. In the court’s reasoning, the autonomous
character of the right to a healthy environment means that its content is distinct
from the environmental dimensions of other rights. In that sense, the court
highlighted that the right to a healthy environment protects the elements of the
environment, such as forests, rivers, and seas.
The analysis of the Inter-American Court on the right to a healthy environment
has the potential to unlock novel forms of understanding and using the law to
address and redress the grave inequities suffered by individuals and
communities exposed to environmental degradation. Climate change is a clear
expression of inequity, as the most marginalized and vulnerable people on
earth, the people who contributed the least to the climate problem, are those
who stand to lose their lives and their hopes of a better future.
It thus comes as no surprise that the UN Human Rights Council included climate
change in its agenda and warned that “climate change poses an existential
threat for some countries.” One reason for the attention to the relationship
between climate change and human rights is the recognition that climate
change is having an uneven impact across the world. Climate change is
imposing an increasing burden on governments, especially in countries with
limited resources, in their efforts to protect vulnerable populations and realize
human rights.
As a shield against inequity, the right to a healthy environment brings to light a
sharper sense of human responsibilities toward our shared planet and its people.
Marcos Orellana – Remarks for Philippines CHR 23 & 24 May Hearing
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