In general, societies all over the world recognize rights to living beings and to human beings in the first place. The type of rights recognized varies according to the cultures, traditions, political and ideological systems of each society, but, according to the so-called naturalists, it is commonly accepted that there are some fundamental rights that are independent from the legal system to which they belong. These rights are defined as “rights of nature”. So the question arises: are there “environmental rights” among the rights of nature? The answer is controversial and not at all obvious.
In recent years, progress has been made and the issue of the environment is no longer an elitist discourse that only scientists and activists talk about. Environmental protection movements have spread globally, the international political agenda has set as a top priority that of reducing climate change and facing the consequent environmental disasters. It is clearly recognizable that this issue has really taken hold in the political debate at all levels, but this does not always translate into a true recognition of environmental rights. There is still no univocal opinion that confirms and outlines if and what they are, or at least, it is often discussed and finds controversy arising from very varied needs and contexts. There are those who focus more on the effects that environmental damage causes on humans, those on animals and those more generally on the Planet, thus complicating the attribution of these rights to specific subjects.
In general, rights are always included in the binomial rights-duties that can fall on the same subject or not. In the field of environmental rights, the identification of both positions is complex and remains an unsolvable problem in many cases. In addition, environmental rights are recognized in a heterogeneous manner in the various countries of the world and this is certainly due to very different sensitivities. Some legal systems have felt the urgency to recognize environmental rights before others for reasons that affect them more closely, while others continue to dodge the issue due to economic and political interests, which in fact impose themselves on the weaker social and environmental interests, often crushing them.
Among the countries that are active in the search for greater protection of environmental rights are some Latin American countries, including Argentina, where in 2004 a group of residents of the Matanza-Riachuelo river basin (in the province of Buenos Aires) raised the issue of the pollution of the area due to the activities of 44 companies operating there. The aim was not only to protest against the companies, but also to obtain recognition of rights that did not exist until then, or at least had not been considered, due to the damage suffered as a result of the pollution of the basin.
The claims did not only concern compensation for the damage already produced by these activities, but had a longer-term vision. The plaintiffs demanded an increase in the quality of life, the repair of the disaster caused and the prevention of future ones as fundamental commitments that the Argentine Supreme Court, before which the case had been presented, should recognize and enforce on the part of government and local authorities.
This case represents a victory on the level of recognition of the rights of the environment in the hands of a certain community directly affected by an environmental disaster or damage to the quality of the environment by other subjects, which on that occasion were indicated as the State, the Province of Buenos Aires and the City of Buenos Aires. The environmental damage fell on the entire community, which was therefore the victim and claimed the right to compensation, the cessation of polluting activities and the implementation of remedies to restore the previous condition.
Since that time, the Court has established an action plan that ACUMAR (the government agency responsible for the Matanza-Riachuelo River Basin) must implement. Among the goals of the plan are to initiate public information dissemination, control pollution from industries, clean up landfills, expand water supply, develop an emergency health plan and adopt an international measurement system to assess compliance with the plan’s goals (Mendoza Beatriz Silva et al vs. State of Argentina et al on damages resulting from environmental pollution of Matanza/Riachuelo river, 2008).
What happened around the Matanza-Riachuelo river has set the conditions to face the environmental issues throughout the country submitting them to a new perspective, that is the defense of the quality of life, collective health and promotion of human rights in a wider range, including therefore also those arising from environmental aspects, which also have considerable effects on economic, social and cultural rights.
From a local claim arose the need to provide at the national level a greater commitment on the part of the competent authorities, which in this case is represented by ACUMAR, and allowed for a broader participation of civil society in the process of elaboration and monitoring of environmental and other policies. In order to allow a wider participation of civil society, a fundamental requirement is access to information, which favors a clear vision of the problem to be analyzed, stimulating discussion and subsequent resolution through the activation of collective practices.
What has been said so far is a clear example of how the value attributed and shared of the environment by a community strengthens its action on the political and social level, allowing the achievement of results that, taken as a whole, can gradually build a global society more respectful and grateful towards nature. Perhaps it is still necessary to stimulate a more holistic vision of the system in which the human being lives, that is to say, one that includes every single part of the Planet and takes care of its life, existence and preservation, instead of tending to its devastation at the expense of something or someone else, so that there is no doubt about whether and what rights belong to it.
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- Gianmarco Cristaudohttps://migrazioniontheroad.largemovements.it/en/author/gianmarco-cristaudo/
- Gianmarco Cristaudohttps://migrazioniontheroad.largemovements.it/en/author/gianmarco-cristaudo/
- Gianmarco Cristaudohttps://migrazioniontheroad.largemovements.it/en/author/gianmarco-cristaudo/
- Gianmarco Cristaudohttps://migrazioniontheroad.largemovements.it/en/author/gianmarco-cristaudo/