Media Reaction 

Landmark Inter-American court decision heralds a new era of climate justice, lawyers say 

3 July 2025 

The Inter-American Court of Human Rights has ushered in a new era of climate justice today – as it unequivocally found that governments must do more to address the climate crisis and became the first court of its kind to require States to tackle climate disinformation.

In the court’s landmark advisory opinion published today, the judges:

• Confirmed that States are required to regulate and monitor corporate emissions under international law, reflecting the role that businesses play in contributing to the climate crisis.
• Called on States to put in place measures against climate disinformation – an international first
• Emphasised and strengthened the intergenerational dimension of the climate emergency, as current and future generations will face increased climate impacts while also having to take increased action.

In response to the advisory opinion, ClientEarth lawyer Lea Main-Klingst said:

“Largely thanks to the efforts of impacted communities in the Americas, this court has produced a completely unprecedented decision that will be of huge benefit to those fighting for climate justice both in and outside of Latin America. 

“Judges all over the world considering similar legal questions on climate change now have definitive guidance when it comes to an array of issues such as the rights of future generations and nature. 

“And for the first time ever, an international court has said that states must put measures in place to address the ever-growing issue of climate disinformation.” 

Today's decision is the second positive international advisory opinion on climate change and comes just shortly before the world’s highest court – the International Court of Justice – will issue its own opinion on a similar set of questions . [1]

It also comes just months before the continent hosts COP30 in November – where climate activists from around the world will continue to keep up the pressure on states when it comes to their climate commitments.

On the historical significance of the ruling, Lea Main-Klingst said:

“Since the middle of the 20^th century, international law has been a guiding star for both advancing and protecting human rights. 

“In fact, many of the human rights we have today started out as international declarations that became national, enforceable legislation. 

“Legal opinions like these bring us one step closer to holding governments to account on climate change in their own national courtrooms – and it’s now up to civil society and legal advocates everywhere to pick up this new tool and use it.

“As we’re seeing more and more countries roll back on climate action, courts like the Inter-American Court of Human Rights are upholding the rule of law. They have made it clear that addressing the climate crisis is a legal duty that demands a policy response – and now all eyes will turn to the International Court of Justice to see how they weigh in on these matters.” 

The opinion was requested in January 2023 by Chile and Colombia, who explicitly asked the Court to advise on what states must do to address the impact of climate change on human rights according to the American Convention. 

During the 2024 hearings on the questions before them, the Court heard directly from impacted communities in the Americas and received a record number of submissions from organisations around the world. 

This included a submission to the court from ClientEarth, who argued that states have a duty under human rights law to address climate change. The environmental legal charity also argued that governments must better regulate high-emitting corporations and avoid relying on false technological solutions to the climate crisis. [2]

ENDS

Notes to editors:

The full opinion in Spanish is available here and the English translation is expected to be published at the end of next week. 

[1] The International Court of Justice (ICJ) is expected to issue its advisory opinion later this year on what states must do under international law, including human rights law, to address the climate crisis.

[2] ClientEarth also argued that human rights must be at the centre of state action on climate change, which includes the free, prior and informed consent of Indigenous Peoples as well as recognition of the impact on climate change on the rights of Indigenous and local communities, including the right to life and the right to culture. 

ClientEarth’s full submission is available here.

2024 international legal developments

2024 saw a number of landmark legal decisions and opinions when it came to what states must do on climate change under international law. 

The European Court of Human Rights (ECtHR) ruled in April last year that Switzerland must take more ambitious climate action to protect the rights of a group of senior Swiss women – a ruling that is binding on all 46 signatory Parties of the Council of Europe and sets a legal expectation worldwide.   

Then the International Tribunal for the Law of the Sea (ITLOS) – the world’s authority on the Law of the Sea – issued its own advisory opinion in May and said that states must reduce their greenhouse gas emissions to comply with the UN Convention on the Law of the Sea and specifically its core obligation to protect and preserve the marine environment from pollution.   

Further afield in Hawaii, the state agreed in June to decarbonise its transport system in a settlement with 13 young people. The youth-led lawsuit argued that Hawaii was violating their rights under its constitution by prioritising infrastructure (i.e. highway construction) that would lock-in greenhouse gas-emitting transport.     

And in August 2024, South Korea’s Constitutional Court ruled that the country’s climate plan failed to protect people’s human rights – particularly those of younger generations.

About ClientEarth

ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world. ClientEarth teams in Europe, Asia and the USA work to shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.