Category: Substantive Obligations

States have obligations to adopt and implement legal frameworks to protect against environmental harm that may interfere with the enjoyment of human rights. In an important sense, all environmental laws that set stringent standards for air quality, water quality, toxic releases and/or other environmental matters are good practices for the protection of the many human rights that depend on a healthy environment. However, this section focuses on practices that link strong environmental standards more explicitly to human rights. Perhaps the most important example is the proliferation of constitutional rights to a healthy environment. Good practices in this area also include: judicial decisions interpreting other constitutional rights to require substantive environmental protections; and the periodic review and strengthening of environmental laws.



United States’ National Historic Preservation Act

The National Historic Preservation Act (NHPA), which was enacted in 1966, aims to preserve historic and archaeological properties by requiring federal agencies to consider the effects of their actions on such properties. The NHPA requires federal agencies to determine whether a proposed project is an “undertaking” which has the potential to affect historic sites, …   Continue readingUnited States’ National Historic Preservation Act

Mendoza Beatriz Silva v. National Government of Argentina

Section 41 of Argentina’s Constitution states: “All inhabitants are entitled to the right to a healthy and balanced environment fit for human development in order that productive activities shall meet present needs without endangering those of future generations; and shall have the duty to preserve it. As a first priority, environmental damage shall bring about the …   Continue readingMendoza Beatriz Silva v. National Government of Argentina

The Proliferation of Constitutional Rights to Environment

Constitutional rights to a healthy environment are recognized in many national constitutions, with over 90 national constitutions recognizing some form of the right since the mid-1970s. About two-thirds of the constitutional rights refer to health and one-quarter refer to the right in terms of an ecologically balanced environment; alternative formulations include rights …   Continue readingThe Proliferation of Constitutional Rights to Environment

The Environmental Jurisprudence of Costa Rica’s Constitutional Court

The Constitutional Chamber of the Costa Rican Supreme Court has actively implemented the constitutional right to a healthy environment. Since 1995, much of the case law of the Constitutional Chamber has concerned the application of article 50 of the Costa Rican Constitution, which sets forth the right to a healthy environment. The Constitutional Chamber has defined the …   Continue readingThe Environmental Jurisprudence of Costa Rica’s Constitutional Court

Collective Commitments to Implement Constitutional Right

Section 20 of the Constitution of Finland establishes a right to a healthy environment. Among other things, it places the responsibility for protecting the environment on the collective, stating that “Nature and its biodiversity, the environment and the national heritage are the responsibility of everyone.” A program developed by the Ministry of Environment seeks …   Continue readingCollective Commitments to Implement Constitutional Right

Jurisprudence of the Supreme Court of India Relating to Environmental Protection

Article 21 of the Indian Constitution of 1949 provides for the fundamental rights to protection of life and personal liberty, stating that “[n]o person shall be deprived of his life or personal liberty except according to procedure established by law.” The Indian Supreme Court in a series of decisions has connected Article 21 with a right to a healthy …   Continue readingJurisprudence of the Supreme Court of India Relating to Environmental Protection

Domestic Implementation of World Health Organisation Standards

States have obligations to protect against environmental harm that interferes with the enjoyment of human rights. In this respect, substantive environmental quality standards help protect human health from environmental hazards. In some cases, international organizations have set substantive environmental standards to protect human health that serve as guidelines for …   Continue readingDomestic Implementation of World Health Organisation Standards

New York City’s Environmental Quality Review Technical Guidelines

he City Environmental Quality Review (CEQR) Technical Manual assists city agencies, project sponsors and the public in conducting environmental reviews subject to CEQR procedures. CEQR requires city agencies to assess, disclose and mitigate to the greatest extent practicable the significant environmental consequences of their decisions to fund, undertake or approve a …   Continue readingNew York City’s Environmental Quality Review Technical Guidelines

Environmental Jurisprudence of the Supreme Court of the Philippines

The Philippines’ Constitution includes as a State policy that “[t]he State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” The first major case the Court decided with regard to this clause was the Minors Oposa case, in which the plaintiffs filed a class action law suit on behalf …   Continue readingEnvironmental Jurisprudence of the Supreme Court of the Philippines