Rights on Fire: How Courts Bridge Climate Change and Human Rights - Analyzing the Nexus between Climate Change and Human Rights in Judicial Argumentation in Latin America and Europe

Climate change has evolved from an environmental issue to a human rights challenge, impacting fundamental rights such as the right to life and health. Courts are increasingly tasked with addressing these issues, shaping how climate change and human rights intersect in legal frameworks. This paper systematically analyzes how constitutional courts and regional human rights courts in Europe and Latin America are connecting climate change with human rights in their rulings. It focuses on the specific rights invoked, such as the right to a healthy environment, life, and health, and the legal principles courts rely on to establish state and corporate accountability for climate risks.

An important aspect of this analysis is examining who introduces these arguments before the courts. By assessing the role of human rights advocates, affected communities, and in Latin America, indigenous groups, the study explores how these actors contribute to and shape the development of climate rights litigation. In doing so, it sheds light on the growing influence of grassroots legal activism in advancing more ambitious climate action through judicial channels.

The methodology includes a systematic analysis of selected climate change rulings from constitutional courts, the European Court of Human Rights (ECtHR), and the Inter-American Court of Human Rights (IACtHR), focusing on the connection between human rights and climate change. The paper examines the legal reasoning of these courts, assess which arguments were presented by applicants and respondents, and analyze the sources, such as international principles and expert testimony, that courts rely on in their decisions. Additionally, the study will compare how courts in Europe and Latin America address these issues, and consider the broader socio-legal context influencing regional differences. By doing so, this paper fills a critical gap in understanding how courts, human rights law, and affected communities shape the legal landscape of climate change governance.