Tag Archive for: Climate Change

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Historic: The Inter-American Court recognizes the human right to a healthy climate

Advisory Opinion 32-25 of the Inter-American Court of Human Rights (IACtHR) established the scope of States’ obligations in protecting human rights in the face of the climate emergency. It was issued in response to the request made by Chile and Colombia and was the most participatory process in the history of the institution. Along with other civil society organizations, we contributed arguments that are now reflected in this historic ruling.

On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) published Advisory Opinion 32-2025 on the climate emergency and human rights, recognizing the right to a healthy environment and climate, the rights of nature, the climate emergency, and States’ obligations in that regard.

This Advisory Opinion was issued in response to a request from Chile and Colombia for the Inter-American Court to clarify the obligations of States in the face of the climate emergency within the framework of international human rights law.

What is an advisory opinion?

An Advisory Opinion is the means by which the Inter-American Court of Human Rights responds to inquiries from member States of the Organization of American States (OAS) regarding the compatibility of domestic norms with the American Convention on Human Rights; and the interpretation of the Convention or other treaties related to the protection of human rights in the Americas.

Why is Advisory Opinion 32-25 important?

Advisory Opinion 32-25 explicitly recognizes the climate crisis and frames it within the context of a “triple planetary crisis” caused by the interconnected and reinforcing effects of three concurrent phenomena: climate change, pollution, and biodiversity loss. In the Court’s words, this triple crisis “threatens the well-being and survival of millions of people around the world.”

It notes that the magnitude of climate change impacts is undeniable, interconnected, and rapidly evolving. The Court places special emphasis on the disproportionate impact of the climate crisis on people in vulnerable situations: “The poorest and most unequal regions of the world are more vulnerable to experiencing the most severe consequences of climate change precisely because their livelihoods are more climate-sensitive, they have fewer resources and less capacity to cope with these consequences, have limited access to basic services and resources, often face greater governance challenges, and are more likely to experience violent conflict.”

Based on this, the Court concludes that this climate emergency can only be adequately addressed through urgent and effective mitigation and adaptation actions and a shift toward sustainable development, articulated with a human rights perspective and grounded in the paradigm of resilience.

In this regard, the Court sets out a series of obligations for both States and businesses, while also recognizing the rights of citizens. These obligations are organized around four main pillars:

  1. Human rights obligations in response to the climate crisis

The Court states that States must take all necessary measures to reduce risks related to climate degradation and its consequences. To do so, they must act with reinforced due diligence, which includes: identifying and assessing risks; adopting proactive and ambitious preventive measures to avoid the worst climate scenarios; using the best available science in the design and implementation of climate actions; continuously and adequately monitoring the effects and impacts of the measures taken; ensuring transparency and accountability in climate matters; and appropriately regulating and supervising corporate due diligence. Additionally, States must cooperate with one another in good faith to advance the respect, protection, and progressive realization of human rights that are threatened or affected by the climate emergency.

  1. Obligations arising from the recognition of fundamental rights

The Court expressly recognizes the right to a healthy environment, which is fundamental to humanity’s existence and, when violated, may directly or indirectly affect individuals due to its connection with other rights such as the right to health, personal integrity, and life, among others. Connected to this right, it also recognizes the right to a healthy climate, which means that every person should be able to develop within a climate system free from dangerous human interference. It especially highlights the rights of present and future generations of humans and other species to maintain a climate system suitable for ensuring their well-being and the balance among them.

In a novel development, it also recognizes nature and its components as rights-bearing subjects, stating that States have the positive obligation to ensure the protection, restoration, and regeneration of ecosystems.

Furthermore, the Court emphasizes that States must safeguard and guarantee the realization of other rights that are threatened or affected by climate impacts, such as the rights to life, personal integrity, health, private property, housing, freedom of residence and movement, water, food, work, social security, culture, and education. It also affirms the obligation to reduce greenhouse gas emissions and promote a transition toward sustainable development.

  1. Obligations stemming from democracy and procedural rights

The Court stressed the need to ensure that, in the context of the climate emergency, decisions are made in a participatory, open, and inclusive manner. To that end, States must guarantee the rights of access to information, public participation, access to justice, and the protection of human rights defenders in environmental matters.

It also underscores the importance of the right to science and the recognition of traditional, ancestral, and local knowledge, as well as the role of Indigenous women in the preservation of ecosystems.

  1. Obligations arising from the principle of equality and the prohibition of discrimination

The Court identifies the following groups as especially vulnerable to the climate crisis: children and adolescents; Indigenous, tribal, Afro-descendant, peasant, and fishing communities; women, persons with disabilities, and older adults. These populations are more dependent on ecosystems that are exposed to the effects of climate change and extreme weather events. Their vulnerability is particularly acute when they are also in situations of multidimensional poverty.

In this context, the Court held that States must gather all necessary information to design and implement policies and strategies that ensure these individuals have access to goods and services to lead a dignified life in the context of the climate crisis. The Court also emphasized that measures taken as part of a just climate transition should not worsen multidimensional poverty but instead be used as an opportunity to include these populations and enable them to fully enjoy their rights.

The Key Role of Civil Society Organizations

The outcome of this advisory opinion was reached following one of the most important consultative and participatory processes in the history of the Inter-American Court of Human Rights, during which 263 submissions were received from over 600 actors, including States, international organizations, state institutions, communities, civil society organizations, academic institutions, businesses, and individuals.

At Fundeps, we were part of this participatory process through an amicus curiae submitted together with more than 15 civil society organizations, elected Public Representatives from the Escazú Agreement, and communities in resistance, contributing various arguments that are now reflected in this ruling. We also supported the participation of Luisa Gómez from the CIEL Foundation, Silvia Cruz, and Maria Rosa Viñolo from Vecinas Unidas en Defensa de un Ambiente Seguro (VUDAS), who presented, on behalf of the amicus, during the hearing held on May 27, 2024, in the city of Manaus, Brazil, as part of this process.

Undoubtedly, this Advisory Opinion is an unprecedented step forward in the protection of human rights in the face of climate change. At Fundeps, we hope it inspires countries across the Americas to take urgent, just, and nature- and people-respecting actions.

Author:
Ananda Lavayen

Contact
Laura Carrizo, lauracarrizo@fundeps.org

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Climate change in Córdoba: a reality that worsens year by year

Climate change is the main challenge and threat in the 21st century. From Fundeps we carried out a survey and analysis of the climatic phenomena that occurred in Córdoba between 2000 and 2020, the results obtained are truly alarming. The authorities must urgently advance in the design of public policies tending to prevent and face the climate crisis.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Climate change affects the general population without differentiating, however people who are in a situation of vulnerability, for example, people living in poverty, children and adolescents, people with disabilities, women and gender diversity, are affected in a differentiated way, deepening the existing structural inequalities.

From Fundeps we carry out the comprehensive collection and analysis of the various climatic phenomena that occurred between 2000 and 2020 in the province of Córdoba. From this diagnosis we were able to identify that climatic phenomena are cyclical and that year after year they deepen. Climate change is usually perceived as something abstract and distant, contrary to this general perception, it shows how concrete, close and how serious the effects of the phenomenon are. It also makes it possible to decipher the line of (in)action drawn from the State. Fires, tornadoes, floods, droughts, hail storms, and heat waves are some of the phenomena we suffer and that worsen year after year and also have severe consequences for the communities. These must be addressed as part of a comprehensive phenomenon and not as isolated and belated problems.

There are certain policies in the province aimed at promoting sustainable practices. However, these are not actions aimed at significantly mitigating the causes, nor adaptation to the consequences of climate change. Given the occurrence of these phenomena, the responses by the State are always late, inefficient or from a contingency perspective.

We believe that if Córdoba wants to face the climate crisis in a responsible way, it must propose urgent participatory strategies in the medium-long term. To do this, it must take into account the cumulative effects of this achievement of erratic behavior phenomena, guaranteeing access to basic elements for survival, such as water and quality food.

In addition, it is necessary and urgent to concentrate efforts on the design and implementation of public policies that start from an adequate identification of the conditions of structural vulnerability from which some sectors of society start. State actions should focus on reducing/eliminating these structural conditions. On that equitable basis, mitigation and adaptation actions must be designed.

The Climate Response Plan required by Law 27520 on Minimum Budgets for Adaptation and Mitigation to Global Climate Change, emerges as a fundamental instrument to respond to the phenomenon. Remember that according to art. 20 , each province must design this “response plan” that contains information on greenhouse gases, vulnerability and adaptation capacity of communities, goals regarding gas mitigation and adaptation measures, roadmap for each measure to adopt, among other components. The compliance period, according to the regulations, would expire on December 18, 2023, although it may be submitted earlier.

The diagnosis made allows us to affirm that climate change in Córdoba is not a distant threat, but rather a daily experience that will worsen if adequate measures are not adopted.

 

  • Download diagnosis
  • Download summary

 

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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Executive summary – The effects of climate change in the province of Córdoba

This summary reflects the main data collected and systematized from the realization of a diagnosis of climatic phenomena in the Province of Córdoba between the years 2000 and 2020.

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Diagnosis – The effects of Climate Change in the province of Córdoba

The present work aims to reveal the climatic phenomena that occurred throughout the years 2000 to 2020 in the province of Córdoba and based on this, make visible the local reality and the serious impacts of climate change year after year, as well as public policies existing to date.

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We present a statement at the 16th Youth Conference on Climate Change.

Within the framework of the United Nations Youth Conference No. 16 on Climate Change to be held in Glasgow from October 28 to 31, we formulated a statement that will be added to those of other Argentine civil society organizations.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The Youth Conference (COY) 16 will take place days before the annual UN Climate Change Conference (COP). At that conference, a policy document will be finalized, which will then be presented to world leaders, representing the voice of youth at the COP.

From Fundeps we have prepared a statement in which we highlight the problems, demands and needs that the Province of Córdoba presents in environmental matters, particularly from the elaboration and implementation of policies from an extractivist and unsustainable paradigm.

Based on this, we formulate a series of demands and requirements aimed at those responsible for the formulation, implementation and monitoring of public policies aimed at the protection, improvement and conservation of the environment.

Access the statement

 

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

 

We request intervention of the Ombudsmen of the People and of children and adolescents of the Province

Due to the fires that occurred throughout the territory of the Province of Córdoba during this year, we asked the Provincial Ombudsman’s Office and the Ombudsman’s Office for Girls, Boys and Adolescents to intervene in order to urge compliance with the duties that weigh at the head of the provincial authorities.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The catastrophic fires that occurred in Córdoba during this year involved serious damage to local forest ecosystems, affecting an area of ​​350,000 hectares. These consequences not only had a full impact on the meager area of ​​remaining native forest in the provincial territory, but also seriously affected fundamental rights. In particular, of those people or groups who are in a marked situation of vulnerability or who maintain a close relationship with native forests for one reason or another. In addition, they affected a serious mitigation component to the climate change phenomenon, the native forest.

The scope and magnitude of the fire undoubtedly revealed certain deficiencies in the fire management system by the authorities. The ordinance foresees specific duties in matters of prevention, budgeting, mitigation and restoration, which seek to avoid or at least mitigate these types of phenomena in the magnitude and manner in which they occurred, even more so if it is considered that the territory presented a high risk of fires due to severe drought and weather conditions.

Although the arrival of the summer rains alleviated the fire, the truth is that the future situation is still critical. The province currently has a tiny percentage of native forest, with a high risk of fire due to factors such as drought and other phenomena (intentional fires). For this reason, unfulfilled duties must be taken “seriously” and completed in order to avoid catastrophes such as those experienced. On the other hand, it is essential to comply with the duty to investigate, punish and restore the affected areas in a responsible way, guaranteeing citizen participation in plans and access to information for proper management.

Likewise, it is a priority that the citizenship and the State carry out inspection and control tasks of the affected areas, to avoid authorizations in the changes of land use or of protected categories, as ordered by Laws 26,815 of Management of Fire and 26,331 of Native Forests.

To guarantee compliance with these duties, we ask the Córdoba Ombudsman’s Office and the Office of the Ombudsman for Girls, Boys and Adolescents, to intervene within the scope of their respective competencies. We believe that both institutions play a fundamental role in guaranteeing and demanding respect for the fundamental rights of those who inhabit the soil of Cordoba.

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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Protection for delay in access to environmental information

On December 1, we filed an amparo action for delay of the Secretary of Environment of the Province of Córdoba in providing environmental public information. Through this action we ask the courts to require the Province to fulfill its duty to provide the requested information.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

During the months of October and November, we asked the Ministry of the Environment and Climate Change of the Province for public information related to the policies and actions implemented by the Provincial State regarding prevention, mitigation and adaptation measures to the phenomenon. In the absence of a response within the term provided by current provincial regulations, we again request the prompt dispatch of the administration.

In the absence of a specific response, and when the deadlines have expired, we filed an action for protection for default. This consists in informing the Provincial Courts of the delay in complying with the deadlines ordered by law to answer the request, so that later the judicial body requires the authority in question to fulfill its duty.

It should be remembered that the right of access to information is guaranteed in the Argentine regulatory system and is recognized in Principle 10 of the Declaration of Rio de Janeiro of 1994, the Escazú Agreement ratified by National Law No. 27,566, in art . 41 of the National Constitution, as well as Laws 25,831 on Access to Public Environmental Information and 25,675 General on the Environment. This right is a fundamental presupposition proper to democratic coexistence and is necessary for proper environmental management.

In fulfilling their obligations, the authorities must provide such information, without it being necessary to prove interest or any reason, free of charge and within the prescribed deadlines. In the event of non-compliance, the action for protection by default is outlined as the way to guarantee the enjoyment of such a fundamental right.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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We participate in a discussion on climate change

On September 25 of this year, we participated in a discussion together with other NGOs from Latin America and the Caribbean, in which we discussed the collaborative work carried out this year: «Climate Change and the Rights of Women, Indigenous Peoples and Communities Rural of the Americas ».

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Together with members of La Ruta del Clima, Yale University, environmental activists, and members of the Rapporteurship for Economic, Social, Cultural and Environmental Rights of the Inter-American Commission on Human Rights, we participated in a virtual conversation. Each person in charge of the exhibition gave an account of the challenges faced by their own States and societies in Latin America and the Caribbean around the phenomenon of Climate Change.

The discussion was organized by members of the Heinrich Böll Colombia organization, and had as its axis the report on Climate Change and the rights of Women, Indigenous Peoples, and Rural Communities of the Americas, prepared by various civil society organizations. In particular, various topics related to human rights affected by the phenomenon, obligations of States and Intergovernmental Organizations at the regional level and challenges in the region were discussed.

From the presentation of each member, it is possible to see that the challenges at the regional level are not different between the various States, which are faced with similar contexts around the weak economic situation, social crisis impregnated with profound inequality and extractivist policies. From Fundeps we appreciate the invitation to the event, and we applaud these meeting spaces, which are a fundamental part in the construction of an environmental citizenship.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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The province on fire, again

Native forest ecosystems, no less than a month after the last fires, are again affected by this phenomenon, causing immeasurable environmental damage. Even though drought conditions constitute a variable that increases the risk of fire, these, for the most part, come from a premeditated and intentional human action.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

During the month of August, the province suffered serious fires that spread over over 40 thousand hectares, causing serious socio-environmental damage, that is, destruction and disappearance of forest ecosystems, damage to homes and evacuations of those who live in the vicinity. Even though its effects persist in the burned areas, new sources of fires are seriously affecting other geographical sectors of Cordoba.

This serious situation makes it possible to question the actions of the authorities regarding the efficiency or even existence of a system to prevent these phenomena. The reality is that less than a month after the last fires, prevention failed again and today it is necessary to observe and regret – again – the loss of biodiversity and the damage to mountain communities due to intentional fires in the province.

The objectives and values ​​that arise from the environmental protection regulatory system, and in particular, from the fire management system (National Fire Management Law No. 26,815) and that should guide the implementation of public policies around the phenomenon, they were and are clearly unfulfilled. The early warning and action systems envisaged in the regulations seem to be part of an ideal far from their effective implementation.

Notwithstanding this, even when the preventive stage has largely failed, it is important to emphasize the duty of recomposition that weighs on those who are responsible for the fires as well as on the authorities, and on the important role played by citizens and civil society in demanding compliance. Contrary to what seems to have happened on the preventive side, the recomposition cannot and should not constitute an illusion. Real measures must be put in place to guarantee, from a technical point of view, adequate restoration of ecosystems, ensuring real (not fictitious) citizen participation that allows communities to monitor and be part of this process.

At this point, it is necessary to clarify that, according to current regulations, the areas that were protected by the categories of forest land management do not lose this categorization due to fires, and there is an obligation to recompose them. This circumstance should not be ignored because any undertaking or action that intends to use these territories must be subject to the restrictions that are in force for the corresponding protection category, even when as a result of the fire there is no native forest there.

On the other hand, it is important to note that even when the figure of “ecocide” serves as a conceptual category to frame the events, the truth is that from the legal point of view, it is not incorporated into the Argentine criminal law. The reality is that the use of category can divert attention, blurring the true criminal responsibility attributable from Arts. 186,187, 188 and 189 of the Penal Code, that is, the crime of arson in its various forms and according to its various qualifiers. For this reason, it is important to note that this type of responsibility exists, is punishable by the Penal Code, can and should be reported, investigated and tried, without prejudice to the corresponding responsibilities regarding environmental recomposition.

From Fundeps, we believe that the authorities should, among other possible measures, carry out effective prevention actions immediately; comply with an adequate investigation in order to determine and attribute the corresponding responsibilities for the damages or crimes committed; launch an environmental recomposition plan closely linked to citizen participation; and to tend to the protection of all the native forest ecosystems existing in the province not only in relation to fires but also around any activity that threatens their integrity.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Source

Images of fires in Falda del Carmen and Bosque Alegre (Pedro Castillo / La Voz)

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Climate Change and the Rights of Women, Indigenous Peoples and Rural Communities in the Americas

Together with 16 civil society organizations in Latin America, we prepare this report that addresses the problem of Climate Change, its effects and impacts on human rights from the regional context. It was presented to the Inter-American Commission on Human Rights during the 173rd session.

Descargar Documento / Download File
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Report on Climate Change and the Rights of Women, Indigenous Peoples and Rural Communities in the Americas

Together with other civil society organizations in Latin America, we prepare a report addressing the problem of Climate Change, its effects and impacts on human rights from the regional context. This was then presented to the Inter-American Commission on Human Rights during the 173rd session.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The report, prepared collaboratively with 16 Latin American civil society organizations, analyzes the existing problems surrounding the effects of climate change. In particular, the impact that the phenomenon has on the human rights of millions of people worldwide is examined. Its consequences cross and violate the right to life, health, water, and a healthy environment, in turn affecting many others due to the interdependence between all of them.

Likewise, the differentiated impact to which certain groups and communities in vulnerable situations are subject, such as those who belong to Indigenous and tribal peoples, children and adolescents, women and members of rural communities. Those who make up these groups, due to their particular circumstances, suffer more intensely from the harmful effects of climate change, consequently, their situation of vulnerability worsens.

In this document, we also examine the scope of measures necessary to prevent and deal with such consequences. For this, it is essential that the States implement mitigation and adaptation measures, as well as measures that provide for the repair of losses and damages caused. In this context, the report analyzes the obligations and responsibilities that both state and non-state actors have, in order to achieve complete respect for human rights. Finally, the document contains some recommendations based on the international human rights system.

The role that each actor occupies around the problem calls for a differentiated action. The States, Companies, Financial Institutions, and International Organizations must implement actions and measures that respect human rights in a context of climate emergency.

Download Report (Spanish version Only)

Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Congress passed the Minimum Budget Law on Climate Change

Yesterday, in the framework of its last annual session, the Chamber of Deputies of the National Congress sanctioned the law of Minimum Budgets of adaptation and mitigation to Global Climate Change.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The project promoted by Fernando «Pino» Solanas has the character of a minimum budget law, dictated within the framework of the powers that attend the National Congress under Art. 41 of the National Constitution. This implies that it must be applied throughout the territory of the Republic, including by Provincial and Municipal States. The regulation adds to the set of instruments of international law that regulate the phenomenon of climate change, that is, the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement, all ratified by the Argentine State .

Throughout its six chapters, the law includes, in broad strokes, general provisions, objectives, definitions and principles that guide public instruments and policies aimed at adapting and mitigating the effects of climate change. In turn, in chapter II, he creates the so-called “National Climate Change Cabinet” and an interdisciplinary Advisory Council. In chapter III, it demarcates the guidelines for the formulation of the “National Plan for Climate Change Adaptation and Mitigation” and the National Climate Change Information System. Then delineates measures and minimum actions of adaptation and mitigation, providing in its final part institutes linked to citizen participation and the right of access to information.

The brand new regulation establishes in large part of its articulated guidelines and objectives aimed at orienting public policies, while at the same time establishing norms of practical scope. Among some of them we can highlight:

  • Principle of common but differentiated responsibilities: it implies the historical recognition of the unequal responsibility for the damages of global warming that should guide decisions regarding priorities, technology transfer and funds.
  • Transversality of climate change in State policies: it implies that in all public and private actions, the impact of actions, measures, programs and ventures on climate change must be considered.
  • Priority: principle according to which any adaptation and mitigation policy must prioritize the needs of the social groups most vulnerable to climate change.
  • Citizen participation in the formulation of climate change response plans (adaptation and mitigation measures).
  • Development of guidelines for incorporating into the processes of Environmental Impact Assessment considerations related to the impact of climate change.
  • Climate change adaptation measures to be adopted by the National Climate Change Adaptation and Mitigation Plan, considering the impacts of the phenomenon on human health, in the energy matrix, with sensitivity in the areas most vulnerable to soil desertification processes, of populations located in more vulnerable areas, tending towards food sovereignty; contemplating the impact on glacier and periglacial environments and seeking the management of water heritage; at the same time it will tend to the planning of the territorial planning contemplating an environmentally sustainable land use.
  • Mitigation measures to be adopted by the National Plan for Climate Change Adaptation and Mitigation, which promote the reduction and elimination of emissions, the use of renewable energies, energy self-sufficiency, the distributed generation of electrical energy, appropriate mitigation practices in the sector agro-livestock; the revision of urban planning and building standards.
  • Promotion by each jurisdiction (provincial and municipal) of the processes of participation among stakeholders, in the definition of adaptation and mitigation actions.
  • Access to environmental information on climate change.
  • Interjurisdictional coordination through the Federal Environment Council for the implementation of actions and measures for the application of the law.

Undoubtedly, the law constitutes, in some way, fulfilling the obligation that weighs on the States to provide a regulatory legal framework to the phenomenon of climate change. However, as it was argued, the great majority of the articles have an orientation dye, formulated around political guidelines. Contrary to what is established in the vast majority of minimum budget laws in force in our country, the newly sanctioned legislation does not have a substantial regulation regarding the rights of communities linked to effective ways to demand the prevention, mitigation, repair of damages caused due to the effects of climate change, as well as regulations related to access to «climate» justice, procedural rights in particular, updating of environmental management instruments, all circumstances that could have been contemplated in order to respond to those human rights that today are affected by the effects of climate change. A laudable advance, but certainly not enough.

Author

Juan Bautista Lopez. juanbautistalopez@fundeps.org.ar