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

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.

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Publication Details

Journal
Open Access CRIS of the University of Bern
Published
2025-09-15
DOI
https://doi.org/10.48620/91322
Primary Topic
Geochemistry and Geologic Mapping
Type
article
Field-Weighted Citation Impact
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article

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

Open Access CRIS of the University of Bern
Geochemistry and Geologic Mapping
article

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

article en

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.

Open Access CRIS of the University of Bern
World Trade Organization (CH)
Climate action
Openalex Percentile: Top 37%
Geochemistry and Geologic Mapping
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