Inter-American Court on Human Rights holds hearings on state obligations in climate crisis News
guertzen / Pixabay
Inter-American Court on Human Rights holds hearings on state obligations in climate crisis

The Inter-American Court of Human Rights (IACHR) on Monday began its first day of public hearings in Brazil to address the human rights obligations of states concerning the climate crisis, based on the American Convention on Human Rights. According to the IACHR’s press release, the hearings were marked by discussions on mitigating the effects of environmental imbalances and the need to protect the most vulnerable amid climate concerns.

This is the second set of hearings within the context of an Advisory Opinion requested on behalf of Chile and Colombia on January 9, 2023. The first hearings took place in Barbados at the end of April of this year and were accompanied by the active participation of civil organizations from various parts of the world.

Throughout their advisory opinion request, Chile and Colombia emphasized the devastating consequences of the climate emergency in their countries, citing examples such as droughts, floods, landslides and fires. They further acknowledged that the court had previously recognized the right to health in a 2017 advisory opinion but stressed the necessity to further clarify the scope of, other human rights obligations affected by the climate emergency. The request was also supported by relevant climate science and reports from the Intergovernmental Panel on Climate Change.

Additionally, the two States posed several questions for the Inter-American Court to address. This included queries concerning State obligations related to the prevention and guaranteeing of human rights, the right to life, the rights of children and new generations, consultation procedures and judicial proceedings, the protection of environmental defenders and the shared and differentiated responsibilities by states, all in the context of the climate crisis.

The hearings will continue for the next few days. However, the advisory opinion is not anticipated until the end of the year. Advisory opinions serve a consultative function, allowing the court to clarify matters with regard to the compatibility of internal norms and the interpretation of the Convention at the request of a member state. Although they serve as authoritative interpretations to the member states, they are not legally binding.

THIS DAY @ LAW

US Supreme Court decided Dartmouth College case

On February 2, 1819, the US Supreme Court decided Dartmouth College v. Woodward, ruling that the charter of a college was a contract that a state could not alter arbitrarily.

New Amsterdam incorporated

On February 2, 1653, the City of New Amsterdam was incorporated by the Dutch Republic. After the British conquest, the city was renamed New York after the Duke of York.

Breviary of Alaric put into effect by Visigoth king

King Alaric II of the Visigoths put the Breviary of Alaric, a collection of Roman laws, into effect on February 2, 506. The breviary contains constitutions and laws of the newly fallen Roman Empire, including the Theodosian code, and parts of the Gregorian and Hermogenian Codes. The Breviary of Alaric predated the Byzantine Empire's Code of Justinian by 23 years.  Read an entry on the Breviary of Alaric from the Encyclopaedia Brittanica.