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Historic Ruling: Inter-American Court Recognises the Human Right to Care
In a groundbreaking decision that marks a turning point for human rights, the Inter-American Court of Human Rights has recognised, for the first time, the autonomous human right to care. The Court’s Consultative Opinion OC-31/25 will not only guide the actions of States in the Inter-American system but is also expected to serve as a global precedent for reimagining care systems that prioritise women, girls, and people in situations of vulnerability.
As this is the first time any court has explicitly recognised this right, the ruling will guide State action within the Inter-American system, inform future court cases on care and human rights, and set a global benchmark for strengthening public care systems.
After thorough consideration under was constituted the second most-participative process in the history of the Inter-American Court, it ruled in favour of:
1. The existence of an autonomous right to care within the Inter-American system, which encompasses access to time, space, and resources to develop an autonomous life plan.
2. The application of guiding principles, which include social and family co-responsibility, equality and non-discrimination, and solidarity.
3. The structuring of the right under three essential dimensions: the right to be cared for, the right to care, and the right to self-care.
4. And the existence of state obligations to progressively ensure fair distribution of care work, effective access to quality care services, and invest in changing discriminatory stereotypes.
Although this ruling is a landmark in terms of human rights law, the content of the opinion still leaves space for further progress, particularly in relation to:
1. Protecting public care services from privatisation.
2. Strengthening fiscal policies to guarantee sufficient investment in care.
3. Recognising environmental care and its unequal impact on Indigenous and rural women; and,
4. Deepening social co-responsibility to prevent it from becoming a subsidiary or residual obligation of states.
This decision positions the Inter-American human rights system at the forefront of global debates on care, equality, and social justice, offering States a robust legal and political tool to transform care systems for the benefit of all. It also sets the grounds for future advocacy on recognising care as a human right and a collective good.
Review the full text of the Consultative Opinion, and its summary, here (in Spanish only).
