Redefining human–nature relations: decolonial perspectives on Inter-American Court environmental jurisprudence

Abstract

Debates surrounding environmental protection and its intersection with human rights have gained significant traction in the past decade, coinciding with the advancement of decolonial thought across political, academic and social spheres. These discussions and agendas have become intertwined as humanity faces unprecedented threats to essential global ecosystems while indigenous peoples and traditional black communities, often the primary stewards of the environment, seek emancipation from historical violence. This dynamic struggle between resilience and violence, along with the link between nature and human rights, is also evident within the Inter-American Court of Human Rights. Drawing upon decolonial insights and employing a dialectical method, our analysis aims to scrutinize the Court’s jurisprudence to understand its approach concerning the connection between human and environmental rights.