Inter-American Court Issues Legal Opinion on Climate Change, Citing Facts and Norms Institute's Contributions
- Henrique Napoleão Alves
- Jul 5
- 2 min read
SAN JOSÉ, COSTA RICA, July 5, 2025 - The Inter-American Court of Human Rights (IA Court) has adopted a comprehensive Advisory Opinion (AO OC-32/25) addressing the broad scope of state obligations in response to the climate emergency, recognizing it as a profound human rights crisis.
The Court’s opinion extensively addresses the duty of States to prevent and mitigate climate change, echoing key arguments presented in an amicus curiae brief submitted by the Facts and Norms Institute (FNI). The brief, authored by Monique Salerno, Julia Muinhos de Paula, and Gabriela Cavalieri Maia, was submitted in December 2023 and is cited in the Court's records.
A central theme in FNI’s brief was the State's duty of prevention. The Institute argued that this duty requires States to take "proactive measures to prevent environmental damage," based on the "best available scientific knowledge." This argument is strongly reflected in the Advisory Opinion, where the Court established a standard of "reinforced due diligence" for States. The Court affirmed that this standard compels States to act based on the best available science to prevent severe and irreversible harm to the climate system and, consequently, to human rights.
The FNI brief also emphasized the need for differentiated measures for vulnerable populations, arguing that the impacts of the climate crisis are not felt equally and disproportionately affect marginalized communities. This perspective was integrated into the Advisory Opinion, which dedicated a significant section to the "differentiated protection" owed to groups such as children and adolescents, indigenous peoples, Afro-descendant communities, and those living in poverty. The Court recognized that these groups suffer more intensely from climate impacts and require specific, tailored measures from the State to guarantee their rights.
Furthermore, the FNI’s emphasis on procedural rights as essential tools for climate justice was also reflected in the Court’s opinion, which dedicated substantial analysis to the rights of access to information, public participation, and justice. The FNI brief argued that the "right to environmental information is a prerequisite for guaranteeing the right to health and a healthy environment." The Court’s opinion reinforced this, stating that access to clear, timely, and accessible information on climate risks, emissions, and state policies is indispensable for democratic control and the protection of fundamental rights.
The Advisory Opinion refers to several key obligations for States, including:
The duty to mitigate greenhouse gas emissions in line with the 1.5°C target, based on principles of equity and common but differentiated responsibilities.
The obligation to protect nature and its components, recognizing the interdependency between a healthy environment and human rights.
The duty to design and implement adaptation plans that reduce vulnerability and build resilience, with a focus on protecting essential rights to life, health, water, food, and housing.
The special duty to protect environmental defenders, who face increasing risks and violence in the region.
The Facts and Norms Institute is grateful to the Inter-American Court of Human Rights for the opportunity to participate as an Amicus Curiae in the proceedings for Advisory Opinion OC-32/25. The Institute reaffirms its commitment to advancing a rights-based approach to the most pressing challenges of our time.
FNI's full brief:
Full Advisory Opinion of the Inter-American Court:
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