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 language | Undefined/Unknown |
|---|---|
| Pages (from-to) | 163-172 |
| Journal | Revista de la Sociedad Peruana de Derecho Internacional |
| Issue number | 158 |
| State | Published - 1 Apr 2018 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 3 Good Health and Well-being
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SDG 13 Climate Action
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
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