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Environmental Rights and the Legal Personality of the Amazon Region

Published on April 24, 2018        Author: 
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There are two recent, noteworthy developments on environmental rights in Latin America. First, an Advisory Opinion of the Inter-American Court of Human Rights (IACtHR), requested by Colombia. Second, a judgment rendered by Colombia’s Supreme Court, interpreting its international obligations.

The IACtHR’s Advisory Opinion

On 15 November 2017, the IACtHR issued Advisory Opinion OC-23/17, responding to Colombia’s request to clarify the meaning of “jurisdiction” in article 1.1 of the American Convention on Human Rights (ACHR). Colombia suggested that a State has “functional jurisdiction” in areas that are environmentally protected by a treaty to which that State is a party (e.g. the Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region, the “Cartagena Convention”). Colombia also asked if State actions that seriously damage the marine environment – constituting the livelihood of island and coastal inhabitants of another State – are compatible with rights to life and human integrity.

The IACtHR did not limit its Opinion to the marine environment or the Cartagena Convention. It confirmed the relation between environmental protection and the realisation of “other human rights” (paras. 35, 47). It held that the right to a healthy environment is established in Article 11 of the San Salvador Protocol and, as such, is included in the economic, social and cultural rights protected by Article 26 ACHR (paras. 56- 57; in the recent Case of Lagos del Campo v. Peru, the IACtHR established a violation of article 26 ACHR for the first time in relation to the right to freedom of association). Apart from references to the environment in indigenous cases, throughthe right to life and the concept of “dignified life” (vida digna)(Case Comunidad Indígena Yakye Axa Vs. Paraguay), the IACtHR never before addressed environmental rights directly. Read the rest of this entry…