Abstract
The recognition of the right to a healthy environment as an autonomous and justiciable right in Advisory Opinion OC-23/17 represents the turning point of the Inter-American Court of Human Rights towards the adoption of an ecocentric approach. This article examines how the interpretation of the right to a healthy environment suggests the acknowledgement of Nature as a holder of rights under the American Convention on Human Rights. First, it analyses how the Inter-American Court has addressed environmental protection in its jurisprudence, through procedural and substantive rights. Second, it studies the ecocentric interpretation of the right to a healthy environment in the Advisory Opinion OC-23/17 and in the case La Oroya v Peru. Lastly, it explores what are the consequences of understanding Nature as a holder of rights for the complaint procedure before the Inter-American Court.
| Original language | English |
|---|---|
| Pages (from-to) | 521-535 |
| Number of pages | 15 |
| Journal | Review of European, Comparative & International Environmental Law |
| Volume | 33 |
| Issue number | 3 |
| Early online date | 27-Oct-2024 |
| DOIs | |
| Publication status | Published - Nov-2024 |
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