El derecho al medio ambiente sano en el Sistema Interamericano de Derechos Humanos. Análisis del caso: opinión consultiva OC-23/17

Abstract

In this work, a legal analysis of Advisory Opinion OC-23/17 issued by the Inter-American Court of Human Rights (I / A Court HR) is carried out, in which the right to a healthy environment was recognized for the first time as a human right Autonomous, its close relationship with other rights was emphasized and the obligations of the States were established, including prevention, precaution, cooperation and procedural obligations against possible environmental damage. In addition, the structure and competences of the Inter-American Court, the nature of its Advisory Opinions, the figure of conventionality control are analyzed; Subsequently, the scope and effects of Advisory Opinion OC-23/17 are determined, regarding the Ecuadorian State, taking into account its current internal regulations regarding the right of people to live in a healthy environment, to finally conclude that these pronouncements have an undeniable legal value and must be accepted by all States parties to the American Convention on Human Rights (CADH), including Ecuador.