IHRC students provide input for the IA Court of Human Rights

At the end of May 2024, Prof. Romano travelled to Brasil with two students of the International Human Rights Practicum, Stavroula Kyriazis (now associate at King & Spalding) and Cailin Ruff (now associate at Cotchett, Pitre & McCarthy), to present an amicus curiae brief they prepared on the impact of climate change on women’s human rights in the Caribbean region.

The brief was prepared to help the Inter-American Court of Human Rights issue an advisory opinion that had been requested by the governments of Chile and Colombia regarding the international human rights obligations States member of the Organization of American States have in regard to the climate change emergency.

On July 3^rd, 2025, the Court issued the opinion. Currently, the official text is available only in Spanish. However, you can find our informal translation in English here. The portions of the opinion that are most relevant for our brief have been highlighted. 

The Court affirmed that action to protect the climate system and prevent environmental degradation is a requirement under international law. In doing so, it affirmed that women's rights are disproportionately impacted by climate change, and that states have a special obligation to protect people with special vulnerabilities to climate change, such as women and girls. 

The Court specifically held the following: 

• Caribbean Islands - "Caribbean island States face potential transboundary and interregional climate risks and impacts." (para. 115)
• Gender Inequality - "Gender is also a relevant factor in the perception of impact, with girls and adolescent women being more vulnerable to climate impacts, which often exacerbates existing inequalities" (para. 598)
• Disproportionate Impact on Women - "Climate events can have disproportionate effects on women, persons with disabilities, and older persons, among others." (para. 596)
• Women have Different Vulnerabilities - "This Court has noted that when people are forced to move internationally, they face numerous human rights violations. In this context, groups of people such as women and children face greater risks due to the interrelationship between different vulnerability factors . . . This heightened vulnerability is reinforced by their rural origin and particularly affects women heads of household." (para. 402)
• States Must Adopt Positive Measures - "[I]t is not enough for States to refrain from violating rights; rather, it is imperative to adopt positive measures, which can be determined based on the particular protection needs of the legal subject, whether due to their personal condition or the specific situation in which they find themselves. []In the same context, this Court has specified that States incur international responsibility in those cases where, despite structural discrimination, they do not adopt specific measures with respect to the particular situation of a person." (para. 592)
• Indigenous Women - "It is also essential to recognize and value the role of indigenous women in the preservation and transmission of traditional knowledge. The Special Rapporteur on the rights of indigenous peoples has emphasized that the knowledge of indigenous women is “decisive” for, inter alia, maintaining cultural identity, managing the risks and effects of climate change, protecting biodiversity, achieving sustainable development, and building resilience to extreme events." (para. 482)
• Female Human Rights Defenders - "The Court also notes that women environmental defenders are subjected to stereotypes intended to delegitimize their work. Furthermore, certain women, due to factors other than their gender, such as their ethnic origin, are exposed to increased risks to their lives and personal integrity. 988 In this regard, the Special Rapporteur on the promotion and protection of human rights in the context of climate change has noted that indigenous women who act as environmental defenders face additional obstacles to their well-being, such as: “sexual violence, sexual discrimination, harassment of their children and families, and greater vulnerability to ill-treatment by State forces and armed groups." (para. 572)
• Forced Displacement - "[I]n the context of the climate emergency, natural disasters, both sudden and slow-onset, environmental degradation, and forced displacement can differentially affect women, older persons, and persons with disabilities. Women and girls are at greater risk of gender-based violence after disasters,1066 and, as they are primarily responsible for feeding and caring for their families, the impacts on food security and the health of members of their households are significant." (para. 614)
• Water Shortages and Food Insecurity - "Illustratively, it notes that in households without direct access to water, women and girls are often primarily responsible for collecting it. Climate change exacerbates this situation, forcing them to travel longer distances to obtain drinking water, which increases their risk of violence. [] Food shortages can also lead to women eating less due to their tendency to be the last to eat in families. [] In light of the risks described above with respect to women, the Court recalls that States have the obligation to prevent, investigate and punish any act or practice of violence against women, including those that may occur in the context of climate-related disasters; they must also include a gender and intersectional perspective in all actions undertaken within the framework of the climate emergency." (para. 614)
• Other Relevant Paragraphs - 566, 577, 652

While it will be a long and difficult process to see States adopt this opinion, this opinion will guide climate litigation at the local, regional, and national courts, and provide a foundation for climate policymaking, grounding local legislation and global negotiations in legal obligation, not just in the Americas but around the world.

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