omissions that affect their rights before an independent authority,115 and to play an active role in planning procedures for activities and projects by expressing their opinions.116 For its part, the United Nations Human Rights Council has recognized that the freedoms of opinion, expression, peaceful assembly and association are essential elements for the promotion and protection of human rights and the protection and conservation of the environment.117 98. The Court also takes note of the development of international environmental law and, in particular, the close relationship that exists between democracy, freedom of expression and participation, which was embodied in the 1992 Rio Declaration on Environment and Development. According to principle 10 of the Declaration, concerning Environmental Democracy, “environmental issues are best handled with the participation of all concerned citizens, at the relevant level.” To achieve this objective, the principle emphasizes the need to guarantee rights of a procedural nature, known as “access rights.” In addition to the right to participation, the right of access to information and access to justice form part of this category.118 99. As a direct development of this principle, on March 4, 2018, the Latin American and Caribbean States adopted an international treaty specifically aimed at guaranteeing access rights: access to public information, public participation and access to justice. To date, it has been signed by 25 States and ratified by 14 others. The Escazú Agreement states in its preamble that the commitments made therein are based on the conviction that “access rights contribute to the strengthening of, inter alia, democracy, sustainable development and human rights.” Under this perspective, the treaty aims to contribute “to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development” (Article 1). Article 7 of the Escazú Agreement calls for public participation in the environmental decision-making process. Among other aspects, each party must ensure the public’s right to participation and, for that purpose, commits to implement open and inclusive participation in environmental decision-making processes based on domestic and international normative frameworks (Article 7(1)). In addition, it establishes the obligation to guarantee mechanisms of participation and promote public participation in the different processes related to environmental matters (Article 7(2) and 7(3)).119 100. Finally, the Court considers that respect for and the guarantee of freedom of expression in environmental matters is an essential element to ensure citizens’ participation in processes related to such matters and, with it, the strengthening of the democratic system through the application of the principle of environmental democracy. Cf. Advisory Opinion OC-23/17, supra, para. 229, and ECHR, Case of Dubetska et al. v. Ukraine, No. 30499/03. Judgment of February 10, 2011, para. 143; ECHR, Case of Grimkovskaya v. Ukraine, supra, para. 69, and ECHR, Case of Taşkin and Others v. Turkey, No. 46117/99. Judgment of November 10, 2004, para. 119. 116 Cf. Advisory Opinion OC-23/17, supra, para. 229, and ECHR, Case of Eckenbrecht and Ruhmer v. Germany, No. 25330/10. Judgment of June 10, 2014, para. 42. 117 Cf. UN, Human Rights Council, Recognizing the contribution made by human rights defenders to the enjoyment of human rights, environmental protection and sustainable development. Doc. A/HRC/40/L.22/Rev.1, March 20, 2019. 118 According to Principle 10: “Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.” Cf. Rio Declaration on Environment and Development, United Nations Conference on Environment and Development, Rio de Janeiro, June 3-14, 1992, Doc. UN NCONP.I51/26/Rev.1 (Vol. 1). 119 Cf. Economic Commission for Latin America and the Caribbean (ECLAC), Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (LC/PUB.2018/8/Rev.1), Santiago, 2022. 115 31

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