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 6

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