The Inter-American Court’s climate Opinion requires States across Latin America and the Caribbean to apply the standards of the Escazú Agreement—even if they have not yet ratified the treaty.
In a Blog Post Published on 2 july, 2026Luisa Gómez, Senior Attorney at the Center for International Environmental Law, explains that one year after the Inter-American Court of Human Rights’ Advisory Opinion on the Climate Emergency, the debate is no longer whether countries across Latin America and the Caribbean must protect environmental defenders. That question has already been answered. The Court confirmed that all Member States of the Organization of American States (OAS)—to which the Advisory Opinion directly applies—must implement the highest standards of protection for those defending the environment.
To define those standards, the Court drew extensively on the Escazú Agreement, the first legally binding regional treaty promoting environmental democracy. In doing so, it reinforced the treaty’s significance, even in countries that have not yet ratified it, including Peru, Guatemala, and Costa Rica. The implication is clear: these States can no longer treat Escazú’s standards as external, optional, or irrelevant.….
The incorporation of Escazú’s standards into the Inter-American corpus juris marks an important step toward strengthening access rights and protections for environmental defenders in the context of the climate crisis.
But no Advisory Opinion changes reality on its own. These decisions generate change when they are used in litigation, legislative reform, public debate, and collective organizing to ensure that human rights standards addressing the climate crisis translate into concrete protections for those defending the environment.
Recently, in the Province of Mendoza, Argentina, a significant development unfolded regarding criminal charges against environmental defenders protesting against mining activities. Public authorities, citing the Advisory Opinion of the Inter-American Court of Human Rights, requested the suspension of the prosecution. They argued that continuing with the charges would be unconstitutional and could criminalize social protest and environmental advocacy.
One year later, the true measure of the Advisory Opinion’s impact will not be found in its pages, but in how judges, legislators, communities, and environmental defenders use it to strengthen protections for both the environment and the people who defend it.
Click here to dive deeper into the practical uses of the Inter-American Court of Human Rights Advisory Opinion on the climate emergency.
On 5 November, 2025Camilla Pollera, Human Rights and Climate Change Program Associate at the Center for International Environmental Law published a blog post about the upcoming COP30 and the role of human rights defenders:
There is no climate justice in a climate of fear. As governments prepare to meet in Belém, Brazil for, COP30, attention turns to a country where defending nature still comes at a high cost. Deep-rooted and intertwined impunity and violence against environmental human rights defenders (EHRDs) — including Indigenous defenders, Afro-descendent communities, women, and defenders from LGBTQIA+ —persist in Brazil.
COP30 decisions must recognize the efforts of those protecting the planet, in Brazil and beyond, and ensure that they can do so safely, freely, and without fear.
Around the world, EHRDs are on the frontlines of the climate crisis — protecting land, water, communities, and their rights, often at great personal risk. Faced with an escalating climate crisis and the inaction of governments, a growing number of people are stepping up to defend their rights, the rights of future generations and the right to a clean, healthy and sustainable environment, exercising their fundamental freedoms of expression, peaceful assembly, and association, guaranteed under international human rights law.
…The violence and repression faced by defenders are intensified by intersecting forms of marginalization, especially affecting women defending the environment, who often suffer gender-based violence that rarely appears in the data, including sexual violence, harassment, and rejection within their families and communities. They are targeted not only as defenders of rights and natural resources but also as women, in all their diversity, challenging discriminatory societal norms, a combination that makes their work particularly dangerous and invisible. …The persistent violence and lack of effective guarantees for human rights protection are a stark reminder of what is at stake as COP30 comes to Belém.
The Advisory Opinion of the Inter-American Court of Human Rights on the climate emergency and human rights made it clear: States must take proactive steps to ensure the effective protection of environmental defenders — including for those such as Indigenous and women EHRDs who are most at risk of retaliation. The Court recognized EHRDs are “allies of democracy”, whose work takes on even greater importance amid the urgency and complexity of the climate emergency. It reaffirmed the right to defend human rights as an autonomous right and declared that States have a special duty of protection toward those who exercise it, and recognized the double layer of risk faced by women environmental defenders, requiring an even higher duty of care. The Court also formulated very concrete recommendations on what this means at the national level.
The Escazú Agreement and the Aarhus Convention both enshrine explicit provisions on the protection of EHRDs, setting legal and institutional frameworks to operationalize these duties. Recent work under these instruments has provided concrete guidance for States and businesses to uphold their obligations, safeguard civic space, and ensure defenders are protected and not penalized. The recent Action Plan under Escazú and the ad hoc rapid response mechanism under Aarhus are just a few examples marking concrete advances in protecting those facing threats.
At COP30, Parties can no longer ignore their human rights obligations. They have a duty to ensure that the UN Framework Convention on Climate Change (UNFCCC)—the central forum for global cooperation on climate action—and its outcomes align with legal standards. Rightsholders have been obstructed from participating and silenced the climate talks, a process that is deciding on their future. Restrictions on the rights to freedom of expression and assembly, lack of transparency in the host country agreements, persistent visa barriers and financial burdens, continue to limit access. In recent COPs, civic space has continued to shrink, with obstruction often led by the very States hosting the negotiations.
Brazil has a chance to do things differently, by making civic space at COP30 and the protection of environmental defenders a true priority. This includes guaranteeing safe conditions for the meaningful participation before, during, and after COP30 and beyond. And it also means taking steps domestically, starting with the urgent ratification of the Escazú Agreement. Brazil has a key role to play in building upon its legacy of international environmental leadership and steering negotiations at the COP towards rights-based outcomes.
COP30 indeed offers a crucial moment to enhance the protection of defenders through critical decisions expected in Belém: the Just Transition Work Programme (JTWP) and the Gender Action Plan (GAP).
As highlighted by the recent report of the UN Special Rapporteur on Human Rights Defenders, Mary Lawlor, a just transition should be grounded in the protection of those who defend rights and call out false climate solutions, from Indigenous Peoples and land defenders opposing harmful mining projects to workers’ advocates demanding fair and equitable transitions. All decisions, measures, and mechanisms designed to enable a just transition from the fossil fuel economy must protect a safe and enabling civic space, and ensure the meaningful participation of EHRDs.
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There is no climate justice without human rights and without protecting those on the frontlines. EHRDs step in to protect what governments have neglected, and their courage exposes States’ failure to meet their climate and human rights obligations. Despite the risk, around the world, defenders continue to organize, resist, and demand climate justice, leading the way forward. In their resistance lies the chance of a just and sustainable future.
Since 1989, CIEL has used the power of law to protect the environment, promote human rights, and ensure a just and sustainable society.
With offices in Washington, DC, and Geneva, Switzerland, CIEL’s team of attorneys, policy experts, and support staff works to provide legal counsel and advocacy, policy research, and capacity building across our four program areas: Climate & Energy, Environmental Health, Fossil Economy, and People, Land & Resources.
On 5 November 2025 Amnesty international endorsed this kind of view under the title “What is COP and why is this year’s meeting in Brazil so important?”
The chilling trend of attacking human rights defenders working on environment and land rights continues. The help keep an overview here a summary of a number of relevant items:
On 26 August 2016 Patricia Schaefer of the Center for International Environmental Law posted a blog in the NonProfitQuarterly website under the Title “International Collaboration Reports on Violence against Environmental Activists”, summarizing two recent reports (On Dangerous Ground by Global Witness and a more recent “Deadly Shade of Green” by Center for International Environmental Law (CIEL), British NGO Article 19, and Vermont Law School).
Global Witness stated that worldwide, in 2015, there were 185 individuals killed in 16 countries while defending their land, forests, and rivers against industrial encroachment. At the top of the list were Brazil (50 killings), the Philippines (33), and Colombia (26). Global Witness recounts, “Conflicts over mining were the number one cause of killings in 2015, with agribusiness, hydroelectric dams and logging also key drivers of violence. In 2015, almost 40 percent of victims were from indigenous groups.” [Global Witness’ earlier report: https://thoolen.wordpress.com/2014/04/16/environment-deadly-for-human-rights-defenders-says-global-witness/].
Human rights defenders play a critical role in exposing and ensuring accountability for business-related human rights violations. Despite this, around the world, there is an increase in attacks, judicial harassment, restrictions, surveillance, intimidation and reprisals against defenders who work on land and environment issues associated with business activities. A side event on 3 Decemberin Geneva (Palais des Nations Room XX from 13h00 to 15h00) will pay special attention to challenges engendered by the increasing criminalisation or repression of those peacefully denouncing adverse human rights impacts of corporate projects, discussing the role of both States and companies. Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 