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
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