Ana Micaela Alterio, Editor in Chief of the IberICONnect Blog; Professor of Law, ITAM, Mexico
Mateo Merchán Duque, Associate Editor, ICONnect Blog; Doctoral (JSD) Candidate, NYU, USA
Following its relaunch last October, the ICONnect blog and its Ibero-American counterpart, IberICONnect, are joining forces to disseminate important reflections from academics in Latin America and Spain regarding the two most recent advisory opinions (AO) of the Inter-American Court of Human Rights (IACtHR). AO 32/2025 on the climate emergency and human rights, requested by Colombia and Chile, and AO 31/2025 on the content and scope of the right to care and its interrelation with other rights, requested by Argentina.
The AO32 promises to become the regional paradigm that will help shape how States in the Americas confront the increasingly evident risks that the climate emergency brings. In particular, the IACtHR establishes a framework of robust obligations for States regarding the formulation and implementation of public policies to prevent individual and collective rights violations stemming from the climate emergency, as well as obligations regarding mitigation and the adoption of measures in response to damages already caused. Including also the political participation processes, which form the basis for adopting the public policy measures aimed at fulfilling said obligations.
For its part, the AO31 on the right to care deepens its foundation in relation to the principles of social and family co-responsibility, as well as solidarity, which are so present in some of the constitutions of the Americas. Furthermore, it requires States to adopt legislative and public policy measures aimed at the equitable distribution of unpaid care work within families and to protect individuals who perform unpaid care tasks from violence or harassment resulting from their work. Care work, so undervalued in many contexts, requires formalization processes. In this regard, the Court places special emphasis on the obligation to adopt measures that facilitate the reintegration of caregivers into the informal sector. The AO31 also recognizes the specific vulnerability risks linked to care that can occur in cases involving persons deprived of liberty, children and adolescents without access to care, individuals in institutional settings, and older adults. This is to affirm the obligation of States to improve the design and implementation of public policies that ensure access to economic benefits, health services, and other essential resources within the framework of care.
Thus, regarding the AO32 on the climate emergency, Laura Clérico and Sofía Reca present a detailed two–part analysis of the decision’s structure, highlighting both the general and specific obligations for States, as well as the multidimensional approach the Court applied to its analysis, articulating considerations of the effects of climate change with the conditions of vulnerability and inequality of those who suffer from them. They also highlight the procedural obligations that stem from the opinion within the framework of the democratic principle of the Inter-American System. For his part, Henry Jiménez Guanipa highlights the role of this AO in a broader political and scientific discussion aimed at raising societal awareness of the risks that climate change poses to the world. He explains how the IACtHR is inserting itself into a global discussion of great relevance. Finally, Bárbara Cardoso addresses another aspect of the AO32: its intense participation process, particularly led by Civil Society; the differences within the Court regarding issues such as the recognition of rights for non-human beings; and the expansive judicialization of economic and social rights.
Regarding the AO31 on the right to care, Victoria Flores Beltrán highlights that the IACtHR is shaping the framework of the care field. This is a topic with many definitions, making it hard to specify the exact obligations arising from this right. In this way, the Court helps clarify the true scope of care as an independent right. Lastly, Ana Marrades Puig offers an interesting comparison between the AO31 and European regulations on the issue. She emphasizes the push the IACtHR provides for institutionalizing the right to care and suggests how European regulation might follow these steps. We hope this symposium will be of great interest to the legal community and will inspire discussions on these two key issues for the sustainability of life in the coming months and years.
Suggested citation: Ana Micaela Alterio and Mateo Merchán Duque, ICONnect and ICONnect Symposium on the Inter-American Court Advisory Opinions regarding the climate emergency and the right to care Part 1: Introduction, Int’l J. Const. L. Blog, Nov. 19, 2025, at: https://www.iconnectblog.com/ibericonnect-and-iconnect-symposium-on-the-two-recent-advisory-opinions-of-the-inter-american-court-of-human-rights-regarding-the-climate-emergency-and-the-right-to-care/