The human right that benefits nature
BBCThe human right that benefits nature Getty Images A lawsuit filed in the name of a child who wanted to clean up local pollution had unexpectedly far-reaching impacts in Costa Rica More than 100 constitutions across the world have adopted a human right to a healthy environment, often serving as a powerful tool to protect the natural world. In a worsening global environmental crisis, some legal scholars have argued that the right to a healthy environment acts as a crucial legal pathway to protect the natural world This remarkable conclusion not only set a new legal standard for courts around the country, but also spurred the decision to carve the human right to a healthy environment into Costa Rica’s legal DNA during a constitutional reform in 1994, recalls lawyer Patricia Madrigal Cordero, who was involved in the legislative process at the time. A trump card in courts Similar cases have played out across many other Latin American countries which have embraced the right, such as Colombia, Argentina, Peru and Ecuador, says César Rodríguez-Garavito, an international human rights and environmental law expert at New York University. Unless people go to court, "you're not going to see that right being met", says Pooven Moodley, a human rights lawyer at Natural Justice, a non-profit working with local communities across Africa to provide legal support on environmental justice issues. Alamy South Africa has adopted the right, yet there remains an "implementation gap", with persistent environmental issues such as pollution In the Pacific island of Fiji, which adopted the right in 2013, the law has yet to be used in courts, perhaps because people – particularly politically marginalised groups – are still unaware of their rights or can't afford the expensive legal process, says Kiji Vukikomoala, a lawyer who coordinates Fiji's Environmental Law Association.