Gaillard Banifatemi Shelbaya Disputes is honored to have advised the Commission of Small Island States on Climate Change and International Law (“COSIS”) in the proceedings before the Inter-American Court of Human Rights (“Court”) which resulted in a long-awaited advisory opinion on climate change and human rights. The team assisting COSIS was composed of Yas Banifatemi and Yael Ribco Borman.

In its Advisory Opinion*, delivered on 3 July 2025, the Court recognized, for the first time in the Inter-American system, an autonomous right to a healthy climate. The Court also held that States must take affirmative measures to prevent, mitigate and remedy climate harm, including by reducing greenhouse gas emissions, regulating high-emitting sectors and providing specific protection to vulnerable populations, including indigenous populations, children and future generations.

Despite its non-binding character, the Advisory Opinion has a historic significance as it provides clarity with respect to the (American) States’ obligations to protect human rights in the face of the existing climate emergency.

* The official English version of the Advisory Opinion and its summary will be published shortly.