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Comment
Climate change, health, and human rights: calling on states

to address the health risks of climate change, through the
Inter-American Court of Human Rights
Tara Benesch,a Milena Sergeeva,b,∗ Daniel Wainstock,c and Jeni Millerd
a
University of Colorado Climate and Health Fellow, United States
b
Latin American and Caribbean Climate & Health Network, of the Global Climate & Health Alliance, Chile
c
Pontifical Catholic University of Rio de Janeiro, Brazil
d
Global Climate and Health Alliance, United States
Climate change is projected to cause the deaths of 1 impacts of climate change, in alignment with Interna- The Lancet Regional
billion people by the end of this century if average tional Human Rights Law.7 In response to this request, Health - Americas
warming reaches or exceeds 2◦ C.1 The health impacts of the Global Climate and Health Alliance, a coalition of 2024;34: 100801
climate change, including cardiopulmonary disease, health organizations from around the world, submitted Published Online 30 May
vector-borne illness, mental illness, and migration a “friend of the court” brief (Amicus Curiae)8 to inform 2024
https://doi.org/10.
events, pose severe threats to Latin America and the the court’s decision-making. Our Amicus brief encap-
1016/j.lana.2024.
Caribbean (LAC), a region especially prone to climate sulates the far-reaching health repercussions of climate 100801
disasters.2 Furthermore, the consequences of climate change, as described above. And it delineates the legal
change aggravate existing inequalities, disproportion- duties and principles pertinent to tackling climate
ately affecting indigenous communities, children, the change and health issues, suggesting crucial steps to
elderly, those living in poverty, and those living in what protect and deliver both climate and health benefits.
have been designated “sacrifice zones”. To address the impacts of climate change ethically,
Current national policies put the world on a trajectory equitably, and effectively, we recommend guiding prin-
to reach nearly 3◦ C of warming,3 yet countries in the LAC ciples that include equity, focusing on inclusive strate-
region have not responded to the associated threats, gies for vulnerable populations; justice, demanding
exacerbated by government instability, dependence on accountability for historical emissions and a larger role
wealthier nations, and high poverty rates.4 As the adverse for high-income nations in support and emission
effects of global warming challenge the fundamental reduction; the precautionary principle, advocating for
rights to life, health, food, shelter, and safety, recent years early protective action despite scientific uncertainties;
have seen increasing efforts to address climate change children’s rights, emphasizing children’s well-being in
through the courts. Between 2017 and 2022, there were climate policies; public participation and the right to
over 2000 cases including lawsuits against governments, justice in climate-related decisions; protection of
corporations, and individuals, and calls for advisory vulnerable communities, including by integrating their
opinions from national, regional, and international knowledge into policies; and shared but differentiated
courts.5 In 2022 the United Nations Human Rights obligations, with developed countries leading in emis-
Council recognized the “right to a clean, healthy and sion reductions and supporting vulnerable nations to
sustainable environment” as a fundamental human right. achieve climate mitigation and adaptation goals.
The Intergovernmental Panel on Climate Change has To effectively limit global warming to 1.5◦ C and pro-
recognized human rights-based climate litigation as an mote a healthy, equitable future, we suggest key actions:
important approach to driving more ambitious climate (i) prioritize health and environmental considerations,
action.6 We see a valuable role for health experts, and based on scientific evidence, in project evaluations and
evidence of the health impacts of climate change, in legislation; (ii) develop policies focused on the wellbeing
litigation strategies to drive climate action. of vulnerable communities, including those in
In January 2023, Chile and Colombia requested an low-income, rural, and tribal areas; and (iii) transition
Advisory Opinion from the Inter-American Court of from fossil fuels to clean renewable energy, with an
Human Rights (IACtHR) on “the climate emergency emphasis on community benefits, stringent air quality
and human rights”, asking the court to clarify the re- standards, and legal protections for environmental advo-
sponsibilities of the State concerning the human cates. We underscore the necessity of universal access to
sustainable healthcare, the importance of sustainable land
*Corresponding author. management, urban design that protects pedestrians and
E-mail address: milena.sergeeva@climateandhealthalliance.org cyclists, and the need for international cooperation on
(M. Sergeeva). climate strategies and disaster response plans.
© 2024 The Author(s). Published by Elsevier Ltd. This is an open access
article under the CC BY-NC license (http://creativecommons.org/
The path to mitigating climate impacts on health in
licenses/by-nc/4.0/). the LAC region and beyond requires a concerted effort
www.thelancet.com Vol 34 June, 2024 1

Comment
that transcends national borders, emphasizing global References

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rating human rights into climate action emphasizes the 2 Hartinger SM, Palmeiro-Silva YK, Llerena-Cayo C, et al. The 2023
Latin America report of the Lancet Countdown on health and
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ensuring their right to health, safety, and a sustainable development. Lancet Reg Health Am. 2024;33:100746.
environment. A common understanding of the conver- 3 Environment UN. UNEP - UN environment programme. In:
Emissions gap report 2023; 2023 [cited 2024 Apr 9]. Available from:
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needed to accelerate ambitious action nationally and 4 Takahashi B, Posse CG, Sergeeva M, et al. Climate change
and public health in South America: a scoping review of gover-
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Through its advisory opinion, the IACtHR has the po- 2023;26:100603 [cited 2024 Apr 9]. Available from: https://www.
tential to establish such a common understanding for the thelancet.com/journals/lanam/article/PIIS2667-193X(23)00177-1/
fulltext.
LAC region and beyond, and to undergird future human 5 Environment UNE. Global climate litigation report: 2023 status review
rights-based climate litigation that will help drive the [internet]. United Nations Environment Programme; 2023 [cited
2024 Apr 9]. Available from: https://wedocs.unep.org/xmlui/
changes needed to deliver health, equity, and a sustain- handle/20.500.11822/43008.
able environment for all in the region. 6 Climate change 2022: impacts, adaptation and vulnerability. In:
Shukla PR, Skea J, Slade R, et al., eds. Contribution of working group
Contributors III to the sixth assessment report of the intergovernmental Panel on
JM conceptualised the comment; TB provided the original draft and climate change. 2022.
substantial edits; MS, DW, and JM provided substantial inputs in 7 Request for an advisory opinion on the climate emergency and
human rights submitted to the inter-American court of human
writing, review and editing. All authors revised and approved the final
rights by the republic of Colombia and the republic of Chile [cited
version for submission. 2024 Apr 9]. Available from: https://www.corteidh.or.cr/docs/
opiniones/soc_1_2023_en.pdf.
Declaration of interests 8 Amicus Curiae Brief [Internet]. The global climate and health
MS and JM are affiliated with the Global Climate and Health Alliance. alliance [cited 2024 Apr 9]. Available from: https://climateand
All authors declare no conflicts of interest. healthalliance.org/amicus-curiae-brief/.
2 www.thelancet.com Vol 34 June, 2024

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Climate change, health, and human rights: calling on states

www.thelancet.com Vol 34 June, 2024 1

that transcends national borders, emphasizing global References

2 www.thelancet.com Vol 34 June, 2024

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