Amicus Brief to the African Court on Human and Peoples’ Rights

On February 11, 2026, the African Court on Human and Peoples’ Rights acknowledged receipt of the amicus curiae brief submitted in December 2025 by Dr. David R. Boyd, former UN Special Rapporteur on Human Rights and the Environment; Dr. Cesar Rodriguez-Garavito, Professor of Law and Director of the Earth Rights Research & Action (TERRA) Program at NYU School of Law; and Ashley Otilia Nemeth, Adjunct Professor of Clinical Law and Director of Programs at the NYU Law Climate Law Accelerator. The amicus curiae brief was submitted in the matter of the Request for an Advisory Opinion on the Obligations of States with Respect to the Climate Change Crisis and explains how the human right to a clean, healthy, and sustainable environment applies to the climate crisis.

Drawing on recent landmark advisory opinions from the International Court of Justice and the Inter-American Court of Human Rights, the brief emphasizes that climate change is an existential threat and a human rights crisis, especially in Africa, which is disproportionately harmed despite contributing minimally to global emissions. The submission highlights Africa’s global leadership in recognizing and enforcing the right to a healthy environment, beginning with the African Charter on Human and Peoples’ Rights and reinforced through decisions of African regional and national courts. It argues that this right imposes concrete legal duties on States to mitigate greenhouse gas emissions, phase out fossil fuels, regulate corporate actors, implement robust adaptation measures, protect vulnerable groups, and ensure access to justice and effective remedies. Moreover, amici emphasized that clarifying these legal duties will help strengthen accountability of actors and support communities across Africa already experiencing severe climate impacts.

The brief further underscores that fulfilling these obligations requires international cooperation and financial support, consistent with principles such as prevention, precaution, intergenerational equity, and common but differentiated responsibilities. The amici call on the Court to affirm that the right to a healthy environment provides an enforceable framework for addressing the climate crisis across the African continent and that climate action not just as a policy choice, but a human rights obligation.

Amici would like to thank Sara Blomquist, Michelle Howard, Rachel Lowe, Hannah Mussey, Nina Opacic, and Maria Sailale for their contributions and research support.