Transición justa a la luz del Sistema Interamericano: el impacto medioambiental en los derechos de los trabajadores

If the adoption of environmental policies, such as an energy decarbonization process, implies a limitation on the enjoyment of labour-related human rights, the State has a general duty to take measures to prevent these limitations. These measures must be implemented in accordance with procedural rights, with the active and informed participation of all interested parties, primarily workers, through a consultation process carried out in good faith and in an informed manner. This involves conducting prior environmental, social, and labour impact studies, which must be shared with the affected parties. Additionally, States must respect the fundamental rights of workers and provide enhanced protection for vulnerable populations.

All of these obligations, which, as discussed, stem from both labour and environmental jurisprudence of the Inter-American Human Rights System (IAHRS), can shape a just transition. Therefore, their enforceability at the regional level does not require the adoption of a new agreement or international instrument by the OAS member states. On the contrary, the obligations that may arise from the application of a just transition mechanism regarding the world of work already have sufficient legal backing in the IAHRS, and thus OAS member states are obligated to guarantee them.