Work

Rights of nature in the Inter‐American Court of Human Rights: Understanding the ecocentric approach to the right to a healthy environment

Year: 2024

Type: article

Abstract: The recognition of the right to a healthy environment as an autonomous and justiciable right in Advisory Opinion OC‐23/17 represents the turning point of the Inter‐American Court of Human Rights towards the adoption of an ecocentric approach. This article examines how the interpretation of the right to a healthy environment suggests the acknowledgement of Nature as a holder of rights under the American Convention on Human Rights. First, it analyses how the Inter‐American Court has addressed environmental protection in its jurisprudence, through procedural and substantive rights. Second, it studies the ecocentric interpretation of the right to a healthy environment in the Advisory Opinion OC‐23/17 and in the case La Oroya v Peru. Lastly, it explores what are the consequences of understanding Nature as a holder of rights for the complaint procedure before the Inter‐American Court.

Source: Review of European Comparative & International Environmental Law

DOI: 10.1111/reel.12580

Author: Patricio Trincado Vera

Institution: University of Groningen

Language: English

Topic: Environmental law and policy

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,570