What are environmental rights?
The so-called “environmental rights” are emerging as a new necessity of our time. It is therefore important to specify and clarify what we mean by environmental rights, how they are recognised today, and why they are crucial for the future of the planet.
In a context where we are seeing climate change, the accelerated loss of biodiversity and the degradation of ecosystems, the concept of environmental rights has gone from being on activists’ agendas to taking a central place in the legal, political and social debate. But what exactly are environmental rights? Who do they protect and how can they be implemented?
Origin and meaning
Environmental rights are a set of principles and rules that recognize the right of people (and, in some cases, nature itself) to live in a healthy, balanced and sustainable environment. They include both individual and collective rights and are based on the idea that a damaged environment jeopardizes fundamental human rights such as health, life or access to water.
Its modern origin dates back to the 1970s, particularly after the Stockholm Conference of 1972, when the United Nations recognized for the first time that environmental protection is an essential condition for human well-being. Since then, international bodies such as the UN and the United Nations Environment Programme (UNEP) have developed regulatory frameworks that link human rights and environmental protection.
Environmental rights in Spain
In Spain, environmental rights are recognized in the field of constitutional law, as a result of Article 45 of the Spanish Constitution, which declares that everyone has the right to enjoy an adequate environment and the duty to conserve it. In addition, it compels the public authorities to guarantee the rational use of natural resources.
To uphold this principle, extensive environmental legislation has been passed: laws regulating air quality, water, waste, biodiversity, climate change and environmental impact assessments. On the other hand, Spain is also subject to European regulations, one of the most advanced in the world in terms of environmental protection.
An example of this is the implementation of the Aarhus Convention, which guarantees three key rights: access to environmental information, public participation in environmental decisions, and the right to pursue legal action. In practice, this allows citizens and environmental organisations to challenge highly polluting projects or hold government bodies accountable.
How environmental rights affect businesses and consumers
Apart from the legal framework, progress in environmental rights also has a direct impact on the economy and daily life. For companies, for example, it implies greater obligations regarding transparency, environmental diligence and responsibility for the entire value chain. Concepts such as carbon footprint, circular economy or corporate social responsibility are no longer just marketing buzzwords - they are increasingly linked to legal requirements.
Recent European regulations require companies to report all environmental risks, climate impact data and mitigation measures. Failure to comply can lead to penalties, reputational damage, and litigation.
On the other hand, for consumers, environmental rights lead to greater access to reliable information, protection from misleading practices such as greenwashing, and enables them to demand more sustainable products and services. In this way, the role of responsible consumption as a tool for change is bolstered.
Ultimately, environmental rights are a key step forward in our understanding of the relationship between society, economy and nature. They are not just involved in protecting the environment, but also safeguard health, justice and equity, both for current and future generations.
