Verfassungsblog (May 2024)

<p><em>La Oroya</em> and Inter-American Innovations on the Right to a Healthy Environment</p>

  • Thalia Viveros-Uehara

DOI
https://doi.org/10.59704/bc45e4a6c6e822d6
Journal volume & issue
no. 2366-7044

Abstract

Read online

In La Oroya v. Peru, the Inter-American Court of Human Rights declared Peru responsible for violating several rights, including the right to a healthy environment, due to the environmental degradation and health crises in La Oroya—one of the world’s most polluted cities. Regarding the right to a healthy environment, the Court addresses for the first time pollution in air, water, and soil—marking a departure from previous cases that primarily focused on communal property rights and deforestation—and even goes as far as to refer to the right to a healthy environment as jus cogens. Such innovations would have not been possible without the ever-expanding horizon of Inter-American case law and approaches.

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