Dear Clients and Friends,
The First Chamber of the Supreme Court of Justice solved a Constitutional Trial regarding an environmental matter through a case decision issued on November 14, 2018. Such case decision clearly and precisely defined the principles on which the Human Right to a Healthy Environment is based.
The Human Right to a Healthy Environment, fundamentally, entail the faculty of any person to demand the effective protection of the environment in which such person evolve, in other words, that the interaction between humans and the ecosystems do not compromise the environmental sustainability.
While it is true that the exercise of the Human Right to a Healthy Environment during constitutional trials has increased, and at the same time, the courts have clarified its effectiveness and developed the scope of this Human Right, however, it was not until the issuance of the case decision referred previously, that the Supreme Court of Justice defined the principles which characterize this Human Right in Mexico, as outlined below:
Precautionary principle: The authorities are obligated to take the necessary measures against an activity that may harm the environment.
Principle in dubio pro-natura: In the event of conflict between the environment and other interests or activities, State shall at all times prefer the preservation of the environment.
Citizen involvement principle: Citizens are required to participate in environmental protection matters, and the authorities must encourage and promote such involvement.
Principle of no regression: State should not decrease the protection which has already been granted in favor of the environment, except in the event of a justifiable reason.
In addition, the Court noted that the environment shall be protected not only as the right of a person to live in a healthy environment, but as the need to protect the environment as an individual good, regardless of its impact and implications for humans, considering the significance of the environment.
As it can be observed, resulting from the recent development of this branch of law, just as from the numerous conflicts which have arisen between native and indigenous peoples, and companies across several industries, for example, mining, metallurgical, oil and gas, chemical, among others, the courts have been forced to establish mandatory guidelines in order to safeguard this Human Right, just as the environment.
Indisputably, the issuance of these new criteria will modify the way in which these companies shall perform their respective activities, considering that their action shall be adjusted at all times to these criteria in order not to incur in environmental violations, which implies the necessity to reconsider their legal, financial and business strategies with the purpose to ensure its appropriate compliance.
Should you have any questions or comments regarding the foregoing, please do not hesitate to call your usual contact in the firm.
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