Isabella Carter
As the climate crisis becomes an increasingly urgent issue, many countries are taking steps to protect the environment through legislation. As of 2017, 150 countries had taken action on environmental constitutionalism, with climate constitutionalism seeing this trend evolve to address the global threat of climate change. This shift from anthropocentric to eco-centric environmental laws is evident in several countries, including Ecuador, Bolivia, India, and the US state of Pennsylvania, which have granted legal personhood rights to nature. Other countries, such as Algeria, Cote d’Ivoire, Zambia, and Vietnam, have constitutions that recognise the impact of climate change and express a commitment to climate protection. The effectiveness of these laws depends on robust enforcement and ongoing commitment, with countries like Lithuania and Latvia leading the way in environmental democracy.
Characteristics of countries with environmental protections in the constitution
| Characteristics | Values |
|---|---|
| Number of countries with environmental protections in the constitution | 150 as of 2017 |
| Examples of countries with environmental protections in the constitution | Tunisia, Venezuela, Germany |
| Examples of states in the US with environmental protections in the constitution | Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, Rhode Island, New York |
| US federal laws related to the environment | Clean Water Act, Justice40 Initiative, Executive Orders addressing environmental justice |
| US stance on international resolutions related to the environment | Voted "YES" on resolutions without recognizing changes to international law |
| US goals related to the environment | Conserve 30% of US land and water by 2030 |
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What You'll Learn
Environmental rights in state constitutions
Environmental constitutionalism has become a widespread phenomenon, with around 150 countries adopting broad environmental protections in their constitutions as of 2017. However, the movement is evolving further, with a group of nations now adopting "climate constitutionalism", which places climate concerns at the forefront of constitutional rights.
The United States Constitution does not explicitly recognise the right to a clean and healthy environment, and efforts to persuade judges to find an implied right have been unsuccessful. Despite this, several states have provisions with explicit environmental rights, including Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. These provisions were enacted in the early 1970s but received renewed attention following a 2013 decision by the Pennsylvania Supreme Court in Robinson Township v. Commonwealth. The Court used the state's Environmental Rights Amendment to invalidate a state statute that prevented municipalities from barring hydraulic fracturing.
In August 2021, the Montana First Judicial District Court made a similar decision in Held v. State of Montana, allowing a suit brought by 16 young plaintiffs to proceed. The plaintiffs alleged that they were harmed by the state's actions implicating their rights under the provision of the state constitution, which declares that "all persons [...] have certain inalienable rights, including the right to a clean and healthful environment."
New York is also taking steps towards recognising environmental rights in its state constitution. In November, voters will decide on adding a new section to the state constitution's bill of rights, declaring that "each person shall have the right to clean air and water and a healthful environment." This amendment has already passed both houses of the state legislature and could expand citizens' ability to obtain judicial relief from environmental harms.
Other countries that have adopted climate constitutionalism include Tunisia and Venezuela. Tunisia's constitution guarantees citizens the right to participate in climate protection, while Venezuela's constitution connects the individual and collective right to a healthy environment to the state's duty to ensure a pollution-free environment.
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Climate constitutionalism
Climate change is an increasingly pressing issue, and the world is witnessing a new wave of climate constitutionalism, with nations adopting climate concerns into the language of constitutional rights. This phenomenon is seeing a trend evolve to address the global threat posed by the climate crisis.
Environmental constitutionalism, where environmental rights and obligations are incorporated into national constitutions, has become widespread, with 150 countries taking action as of 2017. Climate constitutionalism is a further step, with nations adopting it to place themselves at the forefront of expressing climate concerns in the language of constitutional rights.
The Grantham Research Institute has identified 11 jurisdictions that have included dedicated climate constitutional provisions or 'climate clauses'. These are: Algeria, Bolivia, Côte d’Ivoire, Cuba, the Dominican Republic, Ecuador, Thailand, Tunisia, Venezuela, Vietnam, and Zambia. Most of these constitutions with climate clauses are recent, with 63% passed within the last 15 years. The majority of the climate clauses, 82%, relate to both mitigation and adaptation and resilience. For example, Algeria's constitution recognises a concern about the effects of climate change, as well as a pledge to act, and the constitution of Ecuador lists a set of climate actions to be adopted, including limiting greenhouse gas emissions, deforestation, and air pollution.
The current global order is shifting from Western dominance to deep pluralism, and climate constitutionalism must reflect this change. Climate clauses must resonate with the cultural ethos of the society within which they are embedded. The institutional framework established by a constitution must be capable of meeting the multifaceted policy challenges posed by climate change and balancing societies' competing democratic interests.
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Nature rights
The recognition of nature rights has been influenced by indigenous worldviews, which emphasise a deep connection with nature and the responsibility to protect it. For example, Ecuador and Bolivia amended their constitutions to recognise the rights of nature in light of traditional indigenous respect for Pachamama, which embodies the physical and spiritual aspects of the natural world.
The adoption of nature rights represents a shift towards climate constitutionalism, where nations express climate concerns in the language of constitutional rights. This trend reflects a growing global awareness of the need to address the climate crisis and biodiversity loss. However, it is important to note that while nature rights are gaining recognition, there are still gaps in the legal framework. For instance, none of the reviewed constitutions recognise the right to a stable climate or the temperature targets of the Paris Agreement.
As the movement for nature rights gains momentum, it will be crucial for prevailing constitutional design philosophies to adapt and expand to meet the multifaceted policy challenges posed by climate change. This includes balancing the protection of individual rights with competing democratic interests. The rights of nature movement offers a holistic approach to addressing environmental concerns and underscores the interconnectedness between humans and the natural world.
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Environmental litigation
While the United States has a history of promoting environmental protection and recognizes the relationship between human rights and environmental protection, its Constitution does not explicitly include a right to a clean and healthy environment. However, six states—Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island—have constitutions with explicit provisions for environmental rights. Additionally, several other states' constitutions include language about protecting the environment without creating explicit rights.
In 2021, New York voters were asked to add a new section to the state constitution's bill of rights, declaring environmental rights for clean air and water and a healthy environment. This amendment could expand citizens' ability to seek judicial relief from environmental harms. Similarly, Pennsylvania's Environmental Rights Amendment was used in 2013 to invalidate a state statute that prevented municipalities from barring hydraulic fracturing. In Montana, the First Judicial District Court allowed a suit brought by 16 young plaintiffs to proceed, seeking a declaration of rights and a remedial plan to address climate-related injuries.
Outside of the United States, environmental constitutionalism has become a widespread phenomenon, with around 150 countries taking action as of 2017. Tunisia's constitution guarantees citizens the right to participate in climate protection, while Venezuela's constitution connects the right to a healthy environment with the state's duty to ensure a pollution-free environment. These nations are adopting climate constitutionalism, expressing climate concerns in the language of constitutional rights.
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Environmental constitutionalism
Tunisia, for example, guarantees its citizens the right to participate in the protection of the climate, while Venezuela's constitution connects the individual and collective right to a healthy environment to the state's duty to ensure a pollution-free environment. Other countries with environmental protections in their constitutions include Germany, which has been subject to climate litigation, and the United States, where the constitutions of six states (Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island) have explicit environmental rights provisions.
The global order is shifting from Western dominance to deep pluralism, so mainstreaming climate change within constitutions must reflect general standards of good governance and resonate with the cultural ethos of the society in question. Constitutional design philosophies must adapt and expand to meet the multifaceted policy challenges of climate change and balance competing democratic interests.
While environmental constitutionalism is a positive step, only two constitutions explicitly connect climate provisions to environmental rights. None of the constitutions reviewed recognise the right to a stable climate or the temperature targets of the Paris Agreement. Nevertheless, broad environmental protections in national constitutions have been used in climate litigation, and this creative use of litigation and judicial power is expected to develop further.
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Frequently asked questions
As of 2017, 150 countries had taken action on environmental constitutionalism. Some notable examples include Germany, Portugal, Lithuania, Latvia, Ecuador, Bolivia, India, Zambia, Vietnam, and Algeria.
Environmental protections in a constitution can take on various forms. For example, the French Environmental Code recognizes the "right of all to breathe air which is not harmful to their health". The South African Constitution states that "everyone has a right: (a) To an environment that is not harmful to their health or well-being". In Ecuador, the constitution recognizes the rights of "Pachamama", or Mother Earth, to "maintain and generate its cycles, structure, functions, and evolutionary processes".
Environmental protections in a country's constitution are important because they provide a legal framework for shaping the trajectory of a nation towards a sustainable future. They also allow for climate litigation, which can be used to address the global threat of the climate crisis. Additionally, constitutional protections for the environment can help to ensure that governments are held accountable for their actions impacting the environment.
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