Contributions of the Inter-American Court of Human Rights to the Rights of Nature: A Systemic Review

Abstract

This article was developed with the objective of analyzing the contributions of the Inter-American Court of Human Rights (IACtHR) to the Rights of Nature (RN). It is important to note that, although the IACtHR does not have jurisdiction to hear cases specifically on RN, its actions through other rights, such as property rights, have indirectly facilitated their protection. To demonstrate this, a descriptive type of research with a qualitative approach was selected. Through a systematic review, the current reality of the Rights of Nature and the contributions of the IACtHR to their strengthening in the Latin American context were detailed. By reviewing the Court's rulings and advisory opinions, the principles guiding its intervention in environmental matters were examined, including respect for the environment as a condition for the enjoyment of human rights and the importance of prior consultation in cases of resource exploitation in ancestral territories. The IACtHR has established legal precedents that integrate environmental protection as part of the fulfillment of the collective rights of Indigenous and Afro-descendant communities, thereby strengthening the notion of interdependence between human rights and the rights of nature. This establishes that ecosystem protection is essential for the well-being of these communities. In conclusion, the Court's contributions have been crucial in advancing the development of environmental jurisprudence that not only protects human rights but also preserves the biodiversity and natural resources of the region, promoting a legal framework that benefits both society and the natural environment in which it thrives.