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Medio Ambiente Y Derechos Humanos

Type of court
Nov 15, 2017
Court name
Interamerican Court of Human Rights
Caldas, R.F.; Ferrer Mac-Gregor Poisot, E.;Vio Grossi, E.;Sierra Porto, H.A.; Odio Benito, E.
Reference number
Soft law Traditional rights/customary rights Human rights

At the request of Colombia, the Inter-American Court of Human Rights made a pronouncement through the mechanism of the Advisory Opinion on the effect of the obligations derived from environmental law in relation to the obligations of respect and guarantee of human rights. To this end, the Inter-American Court interpreted and integrated the principles, rights and obligations of the international environmental protection law together with the obligations assumed by the States under the American Convention. The Advisory Opinion collects, analyzes and systematizes the main rules expressly established or included in customary international law, as well as the general principles of law and soft law, as well as its own jurisprudence and that of other international tribunals: The right to a healthy environment is an autonomous human right included among the economic, social and cultural rights (DESCA) protected by Article 26 of the Convention, a right that protects nature and the environment not only because of its usefulness for being human or by the effects that its degradation could cause in other human rights, but by its importance for the other living organisms with whom the planet is shared, also worthy of protection in themselves (translation based on comment by M. Pena Chacón)