The Right to a Healthy Environment before the Inter-American Court of Human Rights: Some Remarks in the Aftermath of the Judgment in Habitantes de La oroya vs. Perú

This article traces the evolution of the environmental jurisprudence of the Inter American Court of Human Rights, from the acknowledgement of an environmental dimension of “general” human rights to the recognition of a standalone right to a healthy environment. Looking at the application of this right in the recent case of Habitantes de La oroya vs. Perú, it argues that, although having great a potential, the Inter-American Court’s approach presents two major weaknesses – one conceptual and the other practical – which challenge its legal soundness and effectiveness.