Environmental human rights as environmental justice: Developments in Latin America and the Caribbean

Authors

  • Mario G. Aguilera

DOI:

https://doi.org/10.18042/cepc/rep.204.04

Abstract

The concurrence of Latin American and Caribbean (LAC) states as parties to the American Convention on Human Rights and the Escazú Agreement makes it
necessary to consider the interactions between these instruments and the implications for the interpretation of state environmental and human rights obligations. This article analyses the commonalities, synergies and conflicts between the two instruments and shows that, despite not being explicitly or formally bound together, they share a common approach to the protection of environmental human rights. It concludes that both instruments constitute the environmental human rights framework for Latin America and the Caribbean, the main feature of which is its pillar of fairness conditions for vulnerable persons and groups. As a consequence, it becomes visible that global instruments and policies for sustainable development and environmental democracy are incomplete if, in accordance with their normative premise of equality, they do not compensate for discrimination in participation.

Published

2024-06-20

Issue

Section

MONOGRAPH