Exploring Institutional Barriers to Effective Human Rights-Based Climate Litigation in Latin American Courts—Lessons from Chile and Ecuador

Abstract

Abstract The global climate crisis demands that all branches of government play a role in tackling climate change, including the judiciary. One important mechanism is climate litigation. In the adjudication of climate litigation, courts can advance the protection of human rights, promote environmental values, assist in developing climate change law and policy, and uphold the rule of law. However, some Latin American countries are facing several constitutional and legal barriers to adequately protecting environmental and human rights enshrined in their constitutions. Through analysis of the Chilean and Ecuadorian contexts, this note identifies obstacles and barriers that might prevent human rights’ protection in each jurisdiction when adjudicating climate cases and proposes reforms that may strengthen courts’ performance. Among the options are strengthening existing environmental and human rights provisions, developing new legal frameworks addressing climate change, and enhancing the capacity of courts to hear and decide climate change cases. Furthermore, these reforms must be accompanied by adequate resources, training, and support for the judiciary effectively to advance climate justice through human rights.