Human rights-based climate litigation: a Latin American cartography
Juan Auz*Centre for Fundamental Rights at the Hertie School

Search for other papers by Juan Auz* in
Current site
Google Scholar
Restricted access

This article maps climate litigation developments in Latin America and their human rights and constitutional rights implications. As in other regions of the Global South, groups and individuals in Latin America have engaged in litigation to counter environmental harms threatening or violating the enjoyment of their human rights. Climate change, either as a primary or as a secondary concern, is slowly becoming a key focus of this form of strategic human rights-based litigation. Despite the gradual increase of the ‘Latin American docket’ of climate litigation cases, very few academic accounts have explored its legal dimensions or its contextual underpinnings. This article addresses this lacuna by identifying and examining the constitutional opportunities for and constraints upon adjudicating climate-related cases through human rights law, and also problematizes the development of climate litigation in Latin America by drawing attention to the influence of extractivist political and economic interests. The categories used for analysis stem from the literature on climate litigation in the Global South, case law and interviews with Latin-American litigants. The article concludes by stressing that this type of climate litigation is increasing and has led to several favourable verdicts, but caution is warranted as some political economy elements might hinder the development of such litigation, its inclusivity and long-term effectiveness.


The author would like to thank Basşak Çalı, Alain Zysset, Joana Setzer, Annalisa Savaresi, Mariagrazia Alabrese, Sam Varvastian, Chris Hilson, Monica Feria-Tinta, Kim Fe Cramer and the anonymous reviewers and editors for their insightful comments and suggestions.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.


Pay to Access Content (PDF download and unlimited online access)

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account