The Protection of the Environment before the Inter-American Court of Human Rights

Resumen

The article explores recent developments in relation to the protection of the Environment in the case law of the Inter-American Court of Human Rights, especially with regard to the Advisory Opinion 23/17 and the Lhaka Honhat case. Its purpose is to identify the techniques employed by the IACtHR in order to expand its reach in relation to the protection of the right to a healthy environment. I argue that, while the recent environmental case law crystallizes important progress in the protection of environmental rights in the Inter-American System, there are potential problems with the protection of the autonomous right to a healthy environment under Article 26 of the Convention. I conclude by exploring the unfolding consequences of the arguments adopted by the IACtHR in relation to its advisory function, and the criticism of the Court’s approach to environmental matters received from some judges.