This year is proving to be a good one for climate change litigants and activists. The Inter-American Court of Human Rights (IACtHR), as requested by Chile and Colombia, on July 3, issued an advisory opinion addressing the scope and extent of obligations to respect, protect and fulfil substantive rights regarding the climate emergency; procedural rights relevant to the same; and clarifying obligations towards vulnerable groups (children, environment activists, women and Indigenous groups).

The advisory note not only insists that states observe a negative obligation — that is, to not violate rights directly — but that they also take positive steps through “reinforced due diligence” to deal with foreseeable harms arising from climate change. This entailed identifying a right to a safe climate.

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The prohibition against causing irreversible damage to the climate and the environment was also deemed a jus cogens or peremptory norm, compellable under international customary law in a similar way to the prohibition against genocide,........

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