La Corte Interamericana de Derechos Humanos reconoce el derecho a un ambiente saludable en reciente opinión consultiva

Research output: Contribution to journalArticle (Contribution to Journal)peer-review

Abstract

An issue of particular interest for a country like Peru, which has its most extensive borders in areas of the Amazon that are sensitive to the effects produced by environmental damage, is found in a recent advisory opinion of the Inter-American Court of Human Rights. Although the Court has previously recognized the existence of a relationship between environmental protection and the enjoyment of other human rights, it has done so only in relation to the territorial rights of indigenous and tribal peoples. A new opinion of the Court, made by a request from Colombia, is the first to recognize an autonomous right to a healthy environment and nations’ extraterritorial responsibility for environmental damages under the American Convention on Human Rights. This new opinion allows for the possibility that a person affected by environmental damage generated in another country, including damage caused by climate change, could present a case before the Court as long as the respondent State has not complied with the obligations presented by the Court.
Original languageUndefined/Unknown
Pages (from-to)163-172
JournalRevista de la Sociedad Peruana de Derecho Internacional
Issue number158
StatePublished - 1 Apr 2018

Keywords

  • Inter-American Court of Human Rights
  • Environment
  • Human Rights
  • climate change
  • Advisory Opinion
  • American Convention on Human Rights
  • Inter-American Human Rights System
  • Extraterritorial Responsibility
  • Environmental Damage
  • Climate Change Litigation

Cite this