ABSTRACT

Colombian judges have been playing a leading and avant-garde role in climate justice. The Political Constitution of 1991 was decisive to the growing participation of the judiciary in the dynamics of environmental problems with a notable national and international impact. Regional, racial and ethnic, political, economic and social conflicts have encouraged judicial activism. The 1991 Constitution reflects an environmental rule of law with a concern towards ecosystemic and environmentalist issues. Numerous judicial decisions have resolved to protect climate justice and an environmental rule of law as means to enforce the Constitution. This chapter seeks to show the most relevant global problems of today and for the future, through the study of the milestones laid down by the Colombian Courts and tribunals. These decisions, echoing a growing awareness about climate justice, include: the declaration as a subject of Rights to the Amazon, the Atrato and Cauca Rivers and to the Paramos; the protection of drainage basins; the habeas corpus conceded to ‘Chucho’, a bear, and orders to fight for the decontamination of rivers and cities.