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Article

8 Feb 2018

Author:
AIDA

Inter-American Court establishes historic precedent for the protection of human rights in the Americas

...The Inter-American Court of Human Rights established a historic precedent for the protection of the people of the Americas in its response (Advisory Opinion) [in Spanish] to Colombia’s consultation on the scope of States’ obligations to protect human rights from damages to the marine environment in the Greater Caribbean region.

...The Court established that the obligation of States to respect the rights to life and personal integrity, in relation to environmental protection, implies that they must:

  • Avoid causing "significant" environmental damage in and outside their territory, for which they must regulate, supervise and monitor activities that could cause harm.
  • Assure, among other things, the realization of effective and independent environmental impact studies, as well as mitigation and contingency plans for potential damages.
  • Cooperate with other States and provide them with information regarding risks to their natural environment.
  • Apply the precautionary principle to protect the rights to life and personal integrity due to serious and irrevocable environmental degradation, even when scientific uncertainty exists.
  • Guarantee the rights to public participation, access to information related to potential environmental harms, and access to justice in decision-making that could affect the environment.

...In January of 2017, AIDA presented observations on Colombia’s consultation and, in March of that year, participated in a hearing before the Inter-American Court. We argued that the implementation of large infrastructure projects in the Greater Caribbean and other areas could affect the environment to such a point that they could put at risk the life and personal integrity, among other human rights, of the people living there.