Chapter V
Economic Commission for Latin America and the Caribbean (ECLAC)
Table V.4 Latin America and the Caribbean: legal standing in constitutions, general environment laws and other statutes Treatment in general environmental laws and other regulations Antigua and Art. 18: “If any person alleges that any of the provisions of sections 3 to 17 (inclusive) of this Constitution Environmental Protection and Management has been, is being or is likely to be contravened in relation to him …, then, without prejudice to any other Act (No. 11 of 2015), art. 97 Barbuda action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the High Court for redress.” Art. 43: “Any person may bring a rapid and expeditious action of amparo, provided no more suitable legal General Environment Act (No. 25675), art. 30 Argentina recourse exists, against any act or omission by the government or private individuals that may presently or imminently impair, restrict, alter or jeopardize, in a manifestly arbitrary or illegal manner, rights and guarantees recognized by this Constitution, a treaty or a law. In the proceedings, the judge may rule that the law used to justify the harmful act or omission is unconstitutional. Such action against any form of discrimination and in relation to rights protecting the environment, competition, users and consumers, and to rights of collective application in general, may be brought by the affected party, the ombudsman and legally registered associations pursuing these ends, with the requirements and forms of organization of the action to be as determined by law.” Art. 28: “If any person alleges that any of the provisions of Articles 16 to 27 (inclusive) of this Constitution Environmental Health Services Act (1987), Bahamas has been, is being or is likely to be contravened in relation to him then, without prejudice to any other art. 17.2.g action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.” Art. 24: “If any person alleges that any of the provisions of sections 12 to 23 has been, is being or is likely Emergency Management Act Barbados to be contravened in relation to him … then, without prejudice to any other action with respect to the (No. 20 of 2006), art. 27 same matter which is lawfully available, that person … may apply to the High Court for redress.” Art. 20: “If any person alleges that any of the provisions of sections 3 to 19 inclusive of this Constitution Environmental Protection Act Belize has been, is being or is likely to be contravened in relation to him …, then, without prejudice to any other (No. 22 of 1992), art. 40 action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the Supreme Court for redress … Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal.” Art. 34: “Any person, acting individually or as the representative of a community, is entitled to take legal Environment Act (No. 1333), art. 102 Bolivia (Plurinational action in defence of the right to the environment, without prejudice to the obligation of public institutions to act ex officio when harm is done to the environment.” State of) Art. 135: “Collective redress may be sought against any act or omission by the authorities or by individual or collective persons who contravene or threaten to contravene collective rights and interests relating to public property, spaces, safety and health, the environment and the like recognized by this Constitution.” Art. 5: “Everyone is equal before the law, without distinction of any kind, and Brazilians and foreigners National Environmental Policy Act (No. 6938), Brazil resident in the country are guaranteed the inviolability of the right to life, liberty, equality, security and art. 14.1 property, as follows: any citizen may legitimately bring an action for collective redress with a view to Collective Redress Act (No. 4717 of 1965) reversing an act harmful to public property or the property of any body owned wholly or in part by the Public Civil Action for Environmental Damage State, to administrative ethics, to the environment or to the historical and cultural heritage, and the plaintiff will be exempt from legal costs and other costs usually awarded against the unsuccessful party, Act (No. 7347 of 1985), art. 5 except where there is demonstrated bad faith.” Art. 225: “Everyone is entitled to an ecologically balanced environment, this being a good for the common use of the people that is essential for a healthy quality of life, and it is the responsibility of the public authorities and the community to protect and preserve it for present and future generations.” Art. 20: “Any person deprived of or disturbed or threatened in the legitimate exercise of established rights Environmental Framework Act (No. 19300), Chile and guarantees because of arbitrary or illegal acts or omissions … may apply for redress personally, or arts. 53 and 54 anyone else may apply on their behalf, to the appropriate appeals court, which shall immediately adopt Act creating Environmental Courts such measures as it deems necessary to re-establish the rule of law and ensure due protection for the (Act No. 20600 of 2012), art. 18 affected party, without prejudice to any other rights the latter may assert before the authority or the appropriate courts. A remedy of protection may also be sought in the case provided for in art. 19.8, when the right to live in an unpolluted environment is affected by an illegal act or omission attributable to a determined authority or person.” Law creating the Ministry of the Environment, Art. 40.6: “Any citizen is entitled to participate in the make-up, exercise and oversight of the public Colombia authorities. To assert this right they may: bring public actions in defence of the Constitution and the law.” reorganizing public sector responsibilities for managing and conserving the environment Art. 88: “The law shall regulate actions for collective redress to protect collective rights and interests and renewable natural resources, organizing relating to public property, spaces, security and health, administrative ethics, the environment, free the National Environmental System (SINA) economic competition and the like as defined therein. and establishing other provisions (Act No. 99), It shall also regulate actions arising from damages caused to more than one person, without prejudice to arts. 69 and 75 the relevant individual actions. Act No. 472 of 1998 developing art. 88 of In addition, it shall define cases of objective civil liability for harm to collective rights and interests.” the Constitution in relation to the exercise of actions for collective and group redress and establishing other provisions, arts. 12, 13 and 14 Costa Rica Art. 41: “Anyone must be able to obtain legal redress for any abuse or damage to their person, property or Biodiversity Act (No. 7788 of 1998), art. 105 moral interests. Justice must be done swiftly, fully, unstintingly and in strict accordance with the laws.” Organic Law of the Attorney General’s Service (Act No. 6815 of 1982), art. 3.h Art. 50: “The State shall seek the greatest welfare of all the country’s inhabitants, organizing and encouraging production and the most suitable distribution of wealth. Everyone is entitled to a healthy and ecologically balanced environment. Accordingly, everyone is entitled to take legal action over acts that infringe this right and to seek redress for the harm caused. The State shall guarantee, uphold and preserve this right. Liabilities and penalties shall be as prescribed by law.” Country
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Constitutional treatment