IACtHR (Inter-American Court of Human Rights)

On January 9, 2023, the Republic of Chile and the Republic of Colombia presented a joint request for an advisory opinion to the Inter-American Court of Human Rights (IACtHR) to clarify the scope of State obligations, in their individual and collective dimension, in order to respond to the climate emergency within the framework of international human rights law, paying special attention to the differentiated impacts of this emergency on individuals from diverse regions and population groups, as well as on nature and on human survival on our planet.

The Presidency of the IACtHR invited all interested parties to submit a written opinion, and on March 22, 2023, the Secretary of the Court upon instruction of its President extended an invitation to IUCN to submit its written opinion on the relevant issues according to its area of expertise, field of work or interest.

IUCN communicated to the Court on July 2023 that it would be submitting a written opinion and satisfied the requirements established in the Rules of Procedure the IACtHR. On December 18, 2023, IUCN submitted its written opinion.

The legal counsels for IUCN are Dr. Claudia S. De Windt (IUCN WCEL Steering Committee member) and Dr. Christina Voigt (IUCN WCEL Chair). The following WCEL members and experts served as contributing authors of this written opinion: Jorge Aranda Ortega, Nicholas Stevens Bryner, Prof. Jorge Mariano Guillermo Castro Sánchez-Moreno, Marcelo J. Cousillas, Luis Fernando Macias Gomez, Francesco Sindico.

IUCN's complete written statement to the IACtHR is available here:
https://www.corteidh.or.cr/sitios/observaciones/OC-32/11_IUCN.pdf

The IUCN WCEL Steering Committee is grateful to Ana Di Pangracio, Deputy Director of Fundación Ambiente y Recursos Naturales (FARN) and IUCN Counselor, Professor Tahseen Jaffry, Director of the Mary Robinson Centre for Climate Justice at the Glasgow Caledonia University, Professor Cymie Paine, Chair of the IUCN WCEL Oceans Specialist Group, Julio Guity-Guevara, member of the Change Coordinating Committee of the Afro Inter-American Forum on Climate (AIFCC) and Managing Director at SUDECC, Maria Antonia Tigre, Global Climate Litigation Fellow, Sabin Center and Deputy Director of the Global Network for Human Rights and the Environment (GNHRE), Cristian Fernández, Legal Coordinator of Fundación Ambiente y Recursos Naturales (FARN), Martina Carbonaro, Ariana Lippi, Ms. Karen Dayana Mosquera and Ms. Cyreka Jacobs, Research fellows at the Inter-American Institute on Justice and Sustainability (IIJS) for their input and support to this submission as well as to Danilo Garrido, Abbe Brown, Gerd Winter, Erick Pajares, Mariana Nogales Paez and Marina Dutra Trindade of the IUCN-WCEL Climate Change Specialist Group for their learned advice and support.

At least two oral proceedings will be will be scheduled during the 166 and 167 regular sessions of the Court (22 April to 3 May and 20 May to 7 June respectively) with regards to this advisory opinion. IUCN will participate in the public hearing to be held in Bridgetown, Barbados, on 23, 24 - and 25 April 2024 during the 166th regular session to receive oral arguments.

IUCN WCEL Chair and IUCN Council member Prof. Dr. Christina Voigt and IUCN WCEL Steering Committee Member Dr. Claudia S. de Windt will take part in the hearing on behalf of IUCN.