Environmental Constitution and Rights [3.3315]

The Need to Expand the Catalog

Abstract

This essay explores the necessity of expanding the range of environmental fundamental rights in Chile's Constitution. Throughout the analysis, it underscores the importance of solidifying substantive rights concerning the environment, such as the right to inhabit a healthy and balanced environment, and advocating for the inclusion of the human right to water and sanitation. Additionally, it scrutinizes access rights, including access to environmental information, citizen involvement in environmental affairs, and access to environmental justice. Although some of these rights already enjoy support from legislation and international law, incorporating them into the Constitution would enhance their protection and enforcement. The essay poses the question of which of these rights should find a place in Chile's Constitution, especially at a time when the climate and ecological crisis necessitate decisive action. Ultimately, this essay underscores the significance of enshrining (new) environmental rights in Chile's Constitution in response to present environmental and climate challenges.