Year: 2026
Type: article
Abstract: This article examines how the Inter-American Court of Human Rights’ Advisory Opinion OC-32/25 can be integrated into climate litigation and constitutional adjudication in Latin America, with a focus on Mexico, to strengthen the justiciability of the right to a healthy climate and the Rights of Nature. It aims to operationalize the Inter-American standard through concrete remedial criteria and procedural tools. Methodologically, it combines doctrinal analysis with qualitative comparative law, drawing on primary sources (OC-23/17 and OC-32/25; leading decisions from Colombia, Ecuador, Peru, and Mexico; and Mexican subnational provisions) and specialized scholarship. The findings identify five recurring remedial patterns: (1) recognizing ecosystems as rights-bearing subjects; (2) guardianship arrangements; (3) structural orders with verifiable targets, timelines, and indicators; (4) a robust precautionary approach coupled with climate impact assessment; and (5) sustained judicial oversight supported by independent monitoring. Building on these patterns, the article proposes a roadmap for Mexico: pro natura amparo claims with dynamic evidentiary rules, restorative collective actions, mandatory climate impact assessments, and ecocentric corporate climate due diligence, framed through conventionality control. It concludes that internalizing OC-32/25 can enhance enforceability of mitigation, adaptation, and ecological restoration, provided that compliance mechanisms and effective participation are in place.
Author: Juan Pablo Ramírez Navarrete
Institution: Universidad Autónoma de Guerrero
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7168511924