The role of environmental justice in the Inter-American Court of Human Rights
Abstract
The Inter-American Court of Human Rights has significantly advanced environmental justice through its jurisprudence, excelling in procedural justice, moderately succeeding in restorative justice, and showing limited engagement with distributive justice. Procedural justice, encompassing access to environmental information, public participation, and judicial remedies, is robustly upheld in cases like Kichwa Indigenous People of Sarayaku v. Ecuador and Advisory Opinion OC-23/17, ensuring transparent and inclusive decision-making, particularly for Indigenous communities. Restorative justice is evident in rulings such as Sawhoyamaxa v. Paraguay and Lhaka Honhat v. Argentina, where collective reparations, including land restitution and cultural measures, address historical and ecological harms, though implementation often faces delays. However, distributive justice remains underdeveloped, with minimal focus on equitable allocation of environmental benefits and burdens, as seen in cases like Saramaka People v. Suriname. The Court’s reluctance to address structural inequalities limits its transformative potential. Strengthening enforcement, integrating Indigenous knowledge, and developing a robust distributive justice framework are critical for a holistic environmental justice approach.
Received: 22.07.2025
Accepted: 03.10.2025
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Last update: 08/02/2022
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