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Álvarez et al v. Peru - complaint

Álvarez et al v. Peru - Other

decision

Álvarez et al v. Peru - decision

Filing Year For Action

On December 16, 2019, a group of Peruvian youth filed suit against Peru, alleging that the government has taken insufficient action to address climate change. 

Seven plaintiffs, represented by their parents, filed a complaint against the Peruvian state for its alleged failure to adequately halt deforestation in the Amazon rainforest by adopting concrete and effective measures under the National Policy on the Environment and the National Policy on Forests and Forest Wildlife. The complaint focuses on deforestation in five Amazonian regions: Loreto, Ucayali, Madre de Dios, Amazonas and San Martin. The plaintiffs argue that the situation is worse for Peruvians born between 2005 and 2011, whose futures are severely compromised due to the climate crisis. They assert that their fundamental right to enjoy a healthy environment has been violated, along with their rights to life, water, and health. 

The plaintiffs' claims arise under article 2.22 of the Peruvian constitution; article 12.2 of the International Pact of Economic, Social and Cultural Rights; article 11 of the Additional Protocol of the American Convention on Human Rights; article 3 of the Code of Children and Adolescents; article I of Law no. 28611, General Law of the Environment; and article 15 of the Interamerican Democratic Charter.  

The complaint seeks an order directing the President, the Ministry of Environment, the Ministry of Agriculture and Irrigation, and the Ministry of Finance to create concrete goals and objectives to reduce net deforestation in the Peruvian Amazon to zero by 2025; an order directing the regional governments of Loreto, Ucayali, Madre de Dios, Amazonas and San Martin to develop regional action plans to reduce net deforestation to zero by 2025, including climate change adaptation and mitigation measures; an order requiring the Ministry of Agriculture and Irrigation to suspend granting deforestation permits on public lands in the five regions at issue until the national and regional plans have been created; recognition of the Peruvian Amazon as an entity subject to the rights of protection, conservation, maintenance and restoration; and a declaration that the situation of environmental conservation in the Peruvian Amazon is unconstitutional. 

On April 24, 2025, the Superior Court of Lima issued a ruling stating that the case could proceed to a full merits analysis. This ruling rejected the Peruvian government’s attempts to halt the case, which were challenged and ultimately overturned on appeal. The state has continued to seek dismissal, contending that imposing deforestation targets or intervening in executive policymaking is beyond the judiciary’s authority. 

The Corte Superior de Justicia de Lima, in its decision of May 29, 2024 in the Álvarez case, declared the amparo action inadmissible on the grounds that no unconstitutional omission in public policymaking had been established and that the claims would improperly interfere with the functions of other branches of government; nevertheless, the Court expressly recognized the severity of deforestation in the Amazon and its impact on fundamental rights, emphasizing in particular the harm to children and future generations, and urged state authorities to adopt urgent and effective measures to address the climate crisis.

Álvarez et al v. Peru

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

This sector involves the wholesale and retail selling of goods.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Actions or measures to adapt terrestrial systems to climate change.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Actions to adapt human health, healthcare systems and well-being to climate change.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities that relate to the production of goods and services from forests.

Actions or measures to adapt freshwater systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

woman and genders outside of the gender binary

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Álvarez et al v. Peru - decision

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance