Climate change, health, and human rights: calling on states to address the health risks of climate change, through the Inter-American Court of Human Rights

Climate change is projected to cause the deaths of 1 billion people by the end of this century if average warming reaches or exceeds 2°C.¹ The health impacts of climate change, including cardiopulmonary disease, vector-borne illness, mental illness, and migration events, pose severe threats to Latin America and the Caribbean (LAC), a region especially prone to climate disasters.² Furthermore, the consequences of climate change aggravate existing inequalities, disproportionately affecting indigenous communities, children, the elderly, those living in poverty, and those living in what have been designated “sacrifice zones”.

Current national policies put the world on a trajectory to reach nearly 3°C of warming,³ yet countries in the LAC region have not responded to the associated threats, exacerbated by government instability, dependence on wealthier nations, and high poverty rates.⁴ As the adverse effects of global warming challenge the fundamental rights to life, health, food, shelter, and safety, recent years have seen increasing efforts to address climate change through the courts. Between 2017 and 2022, there were over 2000 cases including lawsuits against governments, corporations, and individuals, and calls for advisory opinions from national, regional, and international courts.⁵ In 2022 the United Nations Human Rights Council recognized the “right to a clean, healthy and sustainable environment” as a fundamental human right. The Intergovernmental Panel on Climate Change has recognized human rights-based climate litigation as an important approach to driving more ambitious climate action.⁶ We see a valuable role for health experts, and evidence of the health impacts of climate change, in litigation strategies to drive climate action.

In January 2023, Chile and Colombia requested an Advisory Opinion from the Inter-American Court of Human Rights (IACtHR) on “the climate emergency and human rights”, asking the court to clarify the responsibilities of the State concerning the human impacts of climate change, in alignment with International Human Rights Law.⁷ In response to this request, the Global Climate and Health Alliance, a coalition of health organizations from around the world, submitted a “friend of the court” brief (Amicus Curiae)⁸ to inform the court’s decision-making. Our Amicus brief encapsulates the far-reaching health repercussions of climate change, as described above. And it delineates the legal duties and principles pertinent to tackling climate change and health issues, suggesting crucial steps to protect and deliver both climate and health benefits.

To address the impacts of climate change ethically, equitably, and effectively, we recommend guiding principles that include equity, focusing on inclusive strategies for vulnerable populations; justice, demanding accountability for historical emissions and a larger role for high-income nations in support and emission reduction; the precautionary principle, advocating for early protective action despite scientific uncertainties; children's rights, emphasizing children’s well-being in climate policies; public participation and the right to justice in climate-related decisions; protection of vulnerable communities, including by integrating their knowledge into policies; and shared but differentiated obligations, with developed countries leading in emission reductions and supporting vulnerable nations to achieve climate mitigation and adaptation goals.

To effectively limit global warming to 1.5°C and promote a healthy, equitable future, we suggest key actions: (i) prioritize health and environmental considerations, based on scientific evidence, in project evaluations and legislation; (ii) develop policies focused on the wellbeing of vulnerable communities, including those in low-income, rural, and tribal areas; and (iii) transition from fossil fuels to clean renewable energy, with an emphasis on community benefits, stringent air quality standards, and legal protections for environmental advocates. We underscore the necessity of universal access to sustainable healthcare, the importance of sustainable land management, urban design that protects pedestrians and cyclists, and the need for international cooperation on climate strategies and disaster response plans.

The path to mitigating climate impacts on health in the LAC region and beyond requires a concerted effort that transcends national borders, emphasizing global solidarity, both shared and national responsibility, and an unwavering commitment to justice and equity. Incorporating human rights into climate action emphasizes the imperative to protect the most vulnerable populations, ensuring their right to health, safety, and a sustainable environment. A common understanding of the convergence of climate change, human rights and health is needed to accelerate ambitious action nationally and internationally towards a just and healthy tomorrow. Through its advisory opinion, the IACtHR has the potential to establish such a common understanding for the LAC region and beyond, and to undergird future human rights-based climate litigation that will help drive the changes needed to deliver health, equity, and a sustainable environment for all in the region.

Contributors

JM conceptualised the comment; TB provided the original draft and substantial edits; MS, DW, and JM provided substantial inputs in writing, review and editing. All authors revised and approved the final version for submission.

Declaration of interests

MS and JM are affiliated with the Global Climate and Health Alliance. All authors declare no conflicts of interest.