The Role of the Amicus Curiae before the Inter-American Court of Human Rights: How Growing Civil Society Participation in the Form of a Third Intervenor Has the Potential to Shape Human Rights-Based Climate Litigation
Abstract
This paper examines the evolving role of the amicus curiae before the Inter-American Court of Human Rights (IACtHR), focusing on its significance in the landmark Advisory Opinion OC-32/25 on Climate Emergency and Human Rights. With a record 263 briefs submitted, the advisory opinion illustrates the exponential rise in civil society participation in human rights-based climate litigation. Further, the working paper analyzes how civil society organizations (CSOs) have used the amicus curiae instrument in order to influence jurisprudence and expand human rights norms, such as the emerging right to a healthy climate. Amicus curiae involvement has the transformative potential to advance strategic climate litigation and strengthening the nexus between human rights and environmental protection in the Inter-American system.
Date Issued
2025-09-15
Publication Type
Working Paper
Subject(s)
Subjects
Amicus Curiae
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Inter-American Court of Human Rights
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Advisory Opinion OC-32/25
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Human Rights
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Climate Emergency
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Strategic Climate Litigation
Language(s)
en
Author(s)
Access(Rights)
restricted