Submission to the Inter-American Court of Human Rights Amicus curiae: “What is the scope of the State obligations for responding to the climate emergency?”

This submission proposes that the first obligation of States is to prevent the climate emergency. While many have failed thus far, they remain obligated to cease contributions to climate change and make reparations for those adverse effects now unavoidable. Displacement is one of the most significant adverse effects in terms of human security. In the context of displacement, State obligations include respect for human rights for all, and a particular emphasis on the rights of the most vulnerable. In addition to the rights to life and a healthy environment, as well as the right not to be forcibly displaced, rights to seek asylum, against refoulement, to have access to due process, to maintain family unity, and the material rights to an adequate standard of living, healthcare, education, inter alia, must all be considered threatened by the climate crisis and be deserving of special attention in determining the scope of State obligations.