Sentence bt Superior Court of Lima (in Spanish)

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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Álvarez et al v. Peru - decision

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