Advisory Opinion 32 of the Inter-American Court of Human Rights and the recognition of the rights of Nature: Strengthening the Ecocentric Paradigm in Latin America

Abstract

The recent release of Advisory Opinion No. 32 was positively received by environmentalist sectors, since the opinion introduced significant advances, particularly by recognizing Nature as a subject of rights. Although the topic is not unprecedented in Latin America, it gains greater prominence after its acknowledgment by the Inter-American Court of Human Rights. In this context, it is essential to examine how such recognition represents progress for environmental protection, as it signals the overcoming of the utilitarian paradigm and a shift toward an ecocentric approach. To this end, this research adopts a bibliographic and case study methodology, centered on the analysis of Advisory Opinion 32/25 of the Inter-American Court of Human Rights, based on Eduardo Gudynas’s ecocentric perspective, according to which the rights of Nature represent a rupture with the traditional view of environmental law, historically limited to the protection of the environment as an object subordinated to human interests. It is concluded that Advisory Opinion 32 inaugurates a new line of argumentation within the Court. However, the consolidation of this paradigm requires that the principles established therein go beyond the consultative sphere, being incorporated into the Court’s contentious jurisprudence and internalized by States through public policies, legislative reforms, and judicial decisions that consolidate this new normative horizon.