Latin American Legal Studies

Abstract

The planet is scorching, sea levels are rising, the Arctic is melting, forest fires are soaring, and we are left with existential questions about how we face the global threat of climate change. Faced with the triple planetary crisis of climate change, loss of biodiversity, and environmental pollution, we must ask whether we are doing  everything we can to protect all inhabitants on this planet facing this environmental crisis, as well those who will inherit it. These environmental disasters require us all to consider our obligation to present and future generations, and existing and developing normative frameworks for the protection of the right to a healthy environment. This article examines the principles of intergenerational equality and solidarity and how they are essential considerations when protecting vulnerable populations and those living in close connection with nature. It explores these principles within international and regional treaties, and Latin American jurisprudence, which pioneer the rights of nature and environmental human rights advocacy. While global recognition of intergenerational equality and solidarity exists, we can look to the Americas for groundbreaking and innovative arguments that promote the development of normative frameworks in the protection of environmental human rights.