Brazilian court world’s first to recognise Paris Agreement as human rights treaty

(Climate Home News, 7 Jul 2022) Brazil’s Supreme Court has become the first in the world to recognise the Paris Agreement as a human rights treaty – a move with significant implications for national and international law.

The declaration was made as part of the court’s first climate change ruling, which ordered the Brazilian government to fully reactivate its national climate fund.

“Treaties on environmental law are a type of human rights treaty and, for that reason, enjoy supranational status. There is therefore no legally valid option to simply omit to combat climate change,” the ruling said.

The judgment last week was the culmination of a lawsuit filed two years ago against the Brazilian federal government by four political parties: the Workers’ Party, Socialism and Liberty Party, Brazilian Socialist Party and Sustainability Network.

They pointed out that the climate fund (Fundo Clima) set up in 2009 as part of Brazil’s national climate policy plan was inoperative in 2019; annual plans had not been prepared and money had not been disbursed to support projects that mitigate climate change.

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Climate Home News, 7 Jul 2022: Brazilian court world’s first to recognise Paris Agreement as human rights treaty