Milbank LLP and the Vance Center for International Justice represented a group of United Nations special rapporteurs in submitting an amicus brief on the climate emergency and human rights to the Inter-American Court of Human Rights.
The special rapporteurs filed the brief in response to an advisory opinion request from Chile and Colombia regarding obligations of states under the American Convention on Human Rights and international law. The brief discusses the climate emergency’s negative impacts on the Americas and the Caribbean; states' obligations under the Inter-American human rights system and international law to remedy the climate emergency; and specific measures states should consider to fulfill human rights obligations in the context of the climate emergency.
The Inter-American Court of Human Rights upholds and promotes basic rights and freedoms both by adjudicating cases within its jurisdiction and issuing advisory opinions on the interpretation of the law.
“The climate emergency imperils human rights in the Americas and the Caribbean, exacerbating food and water insecurity, increasing natural disasters and disrupting ecological systems,” said Milbank partner Viren Mascarenhas. “We are pleased to assist the UN special rapporteurs as they urge states to recognize and fulfill their obligations under international law.”
Milbank represented the UN Special Rapporteurs on Toxics and Human Rights (Marcos Orellana), Human Rights and the Environment (David Boyd), and the Right to Development (Surya Deva). Milbank and the Vance Center previously represented Dr. Orellana, Dr. Boyd and the UN Special Rapporteur on Human Rights and Climate Change (Ian Fry) in submitting an amicus brief to the International Tribunal for the Law of the Sea addressing national governments’ responsibilities to protect the world’s oceans from the effects of climate change.
Mr. Mascarenhas led the Milbank pro bono team, which also included special counsel Thomas D. Goslin and associates Elisabeth Brennen, Diana Felipe, Nicole Haddad, Caio Junqueira De Brito, Mariella Montplaisir Bazan, Ari Singzon, Elizabeth Simper, Pierre-Philippe Turnbull and Maria Velasco. The Vance Center team included Susan Kath and Samuel Bookman.
The full amicus brief is available here.
