El Salvador
CRIN would like to express our profound gratitude to our external reviewer, Agr. Eng. Jacob Eliezer Carpio Vásquez, Coordinator of the Environmental Unit at the University of El Salvador, for their insightful comments on a draft of this report. CRIN also sent a draft version to the State for feedback and any comments received were taken into account in finalising the report. Any errors or inaccuracies remaining in the report are CRIN’s.
This report is provided for educational and informational purposes only and should not be construed as legal advice. CRIN does not accept liability for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on information in this report. CRIN encourages personal and educational use of this publication and grants permission for its reproduction in this capacity where proper credit is given in good faith.
All CRIN content is licensed under a Creative Commons Attribution Non Commercial No Derivatives 4.0 licence. No material produced by CRIN may be modified unless consent is given in writing. No material produced by CRIN may be re-used for commercial gain unless consent is given in writing.
I. National legal protections
A. Are environmental rights protected within the national constitution?
Yes, the Constitution of El Salvador recognises and protects environmental rights. Article 117 of the Constitution imposes a duty of environmental protection upon the Salvadoran State:
“It shall be the State’s duty to protect the natural resources, as well as the diversity and integrity of the environment, and to guarantee sustainable development. The protection, conservation, rational enjoyment, and the restoration or replacement of natural resources is declared to be of social interest in accordance with the terms established by law. The introduction of nuclear residues and toxic waste into the national territory is hereby prohibited.”1
In 1998, the Salvadoran Supreme Court ruled that this duty implicitly creates a corresponding right to a healthy environment for the citizens of El Salvador.2
Article 2 enshrines the right to life and physical integrity, which must be guaranteed by the State.3 Likewise, Article 65 establishes that health is a public good and obliges the State to ensure its preservation and restoration.4 Furthermore, the State must control ‘[...] environmental conditions that may affect health and well-being.’5
The Constitution also establishes the obligation to promote and protect ‘economic associations that seek to increase national wealth through better use of natural and human resources [...]’.6
Further, Article 34 of the Constitution provides that “[e]very child has the right to live in familial and environmental conditions that permit his integral development, for which he shall have the protection of the State.”7
El Salvador has a hierarchy of four primary sources of law: 1) The Constitution; 2) international treaties and agreements; 3) national legislation; and 4) regulation. Both legislation and regulation are to be enacted in furtherance of the Constitution.8
B. Have constitutional rights protections been applied by national courts with regards to environmental issues?
Yes, the Constitutional Chamber of the Supreme Court has had a significant role in shaping the constitutional right to a healthy environment. The Constitutional Chamber has interpreted the Constitution as creating an implicit right to a healthy environment.9 It has also held that the right to a healthy environment is a diffuse right that individuals and organisations can vindicate.10
The Constitutional Chamber does not hear the majority of cases in El Salvador which refer to the right to live in a healthy environment or which focus on environmental protection. El Salvador established specialised Environmental Courts in 2014, which have both trial and appellate levels. The Environmental Courts now hear most environmental claims. These courts refer to the right to a healthy environment as the animating principle for requested relief or for a judge’s injunctive powers, but the scope of most cases is the evaluation of specific administrative and procedural actions.11
Further, although there is considerable activity in El Salvador’s specialised Environmental Courts, their decisions do not create a binding environmental precedent. As a civil law jurisdiction, jurisprudence has a limited role in El Salvador as a secondary source of law. Civil and criminal law cases only become legally binding “when there have been 3 continuous and uniform rulings in the same context… from any of the Chambers of the Supreme Court”.12 While the Constitutional Chamber of the Supreme Court does reference precedents in some of its opinions, it remains unclear as to whether these precedents are binding.13
C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?
No instances of the Salvadoran courts applying the concept of intergenerational equity could be located. However, there is a reference to this concept in the country’s main environmental legislation: the Environmental Law (Ley del Medio Ambiente, hereinafter “LMA”).14 Article 1 lists one of the purposes of this law as “the sustainable use of natural resources to allow improvement of the quality of life of present and future generations”.15 The Supreme Court of Justice considered this purpose in administrative litigation regarding the revocation of an environmental permit, but intergenerational equity has not been treated as its own cause of action.16
D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?
Some of the main laws regulating environmental protection are described below:
- Environment Act (LMA) (1998).17 Its general objectives include the protection, conservation and recovery of the environment, the promotion of sustainable use of natural resources, and addressing climate change, among others.18 The purpose of this law is to specify the environmental protections enshrined in the Constitution. It instructs and empowers the Ministry of Environment and Natural Resources (MARN) to develop regulations and exercise supervision in various areas, such as: environmental education for citizens, environmental operating permits, incentivisation and disincentivisation programmes, prevention programmes, development of technical standards, water monitoring, and activities posing environmental risks.19 It declares the protection and improvement of the environment to be of social interest.20 This law has been amended several times, most recently in 2012.
- Protected Natural Areas Act (2005).21 Declares protected natural areas that form part of El Salvador's natural heritage to be of social interest.22
- Comprehensive Waste Management and Recycling Promotion Act (2020).23 The objective of the current law is to achieve the safe use and final disposal of waste from a health and environmental point of view, with the aim of safeguarding human health, protecting the environment and promoting a circular economy.24 It establishes a systemic perspective on integrated waste management, the identification of stakeholders and how they relate to each other, as well as the assignment of responsibilities to bring about changes in citizen behaviour.25
- Forestry Law (2002).26 The purpose of the law is to create regulations that facilitate the increase, management and sustainable use of forest resources, as well as the development of the timber sector. As these resources are part of the nation's natural heritage, it is the responsibility of the State to protect and manage them.27 National forestry development is considered to be of economic interest.28 In addition, this legislation aims to establish the conditions to encourage private sector involvement in the reforestation of the national territory for productive purposes, excluding Protected Natural Areas and salt forests from this regulation.29
- General Water Resources Law (2022).30 El Salvador recognises the human right to water and sanitation as fundamental rights for a dignified life.31 Everyone must have access to safe drinking water and sanitation services, without discrimination.32 The State is responsible for guaranteeing these rights with equity, gender equality and respect for the environment, for present and future generations.33
- Wildlife Conservation Law (1994).34 Its purpose is to protect, conserve, restore and regulate the use of wildlife, including activities such as hunting, collecting and commercialisation.35 Wildlife is understood to mean species that live and reproduce without depending on humans, whether terrestrial, aquatic or aerial, resident or migratory.36 Domestic, agricultural or livestock species that depend on humans for their survival are excluded.37
- Law on the Management and Promotion of Fisheries and Aquaculture (2001).38 Regulates and promotes fishing and aquaculture activities, ensuring the conservation and sustainable use of hydrobiological resources.39 Declares their protection and development to be of social interest, seeking a balance between their long-term preservation and rational use.40
- Law on the Control of Pesticides, Fertilisers and Products for Agricultural Use (1973).41 Regulates and controls the import, manufacture, marketing, distribution and use of pesticides, fertilisers and other chemical products for agricultural use, with the aim of protecting human health, animal and plant health and the environment.42
In addition, the Growing Together Act (2022) establishes that ‘Children and adolescents have the right to enjoy a healthy, ecologically sustainable environment that is suitable for their development. The State has a duty to formulate, implement and evaluate permanent programmes within the framework of environmental policy [...]’.43
The Health Code also contains provisions related to environmental sanitation programmes, which are responsible, in part, for ‘the elimination and control of contamination of drinking water, soil and air; and the elimination and control of other environmental risks’.44 On the other hand, the Public Procurement Law (2023) establishes the need to consider the environmental impact of the procurement and contracting of works, goods and services carried out by the public administration.45
The National Assembly is evaluating a reform of Article 89 of the LMA.46 The proposal seeks to modify the mechanism for imposing sanctions based on salaries.47 The Constitutional Chamber of the Supreme Court declared this provision unconstitutional in 2015 because it contravened the principle of legality by linking fines to a figure (minimum daily urban wage) that no longer exists.48 The proposed Article 89 amendment seeks to update the sanctions guideline to reflect current salaries.
Other proposed reforms to this law include amendments to Article 86 (the offence related to the obstruction of an environmental investigation by another competent authority is removed, leaving that power exclusively to MARN), 87 (the incorporation of new grounds for environmental offences is proposed), 88 (it is established that the application of sanctions for environmental violations may include fines, temporary or permanent closure, and revocation of the environmental permit) and 93 (modifying the procedure for notifying the alleged offender of the resolution, establishing a maximum period of ten working days from the date on which the act was issued).49
E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered a safe level of exposure and what is the process for determining safe levels of exposure?
El Salvador does not have a national policy addressing childhood exposure to toxic substances or setting a safe level of exposure for various substances.50 However, El Salvador has been a party to the Stockholm Convention on Persistent Organic Pollutants since 2008.51 As such, El Salvador is “[a]ware of the health concerns, especially in developing countries, resulting from local exposure to persistent organic pollutants, in particular impacts upon women and, through them, upon future generations”.52 El Salvador presented a National Implementation Plan (NIP) that translates the treaty's commitments into actions, policies, and internal regulations for the management of persistent organic pollutants.53
Parties to the Stockholm Convention are also required to take all “legal and administrative measures necessary to eliminate or restrict the production and use of certain chemicals.”54 To further this obligation, El Salvador is currently strengthening its institutional capacity to manage hazardous waste through a three-year initiative with the UN Environment Programme, but there is no specific analysis of its impact on children.55
F. Is the country equipped with pollutant release and transfer registers? If yes, do these registers take into account child specific factors regarding the substances for which data is gathered and the type of data generated?
El Salvador had a stated goal of implementing a pilot Pollutant Release and Transfer Registers (PRTR) system by 2012.56 This was part of a larger effort to create a regional PRTR system, overseen by the Central American Commission for Environmental Development (CCAD).57 It appears that the PRTR system has not yet been completed.
G. Does the State assert extra-territorial jurisdiction for any environmental issues?
El Salvador does not assert extra-territorial jurisdiction for any environmental issues. However, in other areas of law, Article 10 of the Criminal Code regulates the principle of universal jurisdiction, which can be applied broadly, since the crime in question must only have affected ‘property protected internationally by specific agreements or rules of international law or involve a serious violation of universally recognised human rights’.58 El Salvador has stated that the prevention of transboundary harm is ‘[...] of great interest to El Salvador as it is consistent with the objective of protecting and safeguarding the environment, its ecosystems, resources, assets and population, and also with the duty of restitution in the event of damage’.59
II. Accessing courts
A. How can environmental cases be brought before national courts?
There are administrative, civil, criminal and constitutional routes for raising environmental claims in El Salvador.
The MARN conducts administrative proceedings to investigate alleged environmental violations and has the authority to impose sanctions on offending parties.60 Offending parties receive notice of their alleged violation and have the opportunity to collect evidence and provide a defence.61 Additionally, the National Police, Municipal Councils, Attorney General and the special Ombudsman for the Defence of Human Rights (Procuraduría para la Defensa de los Derechos Humanos) have a duty to investigate any environmental violations they are aware of.62
An individual or legal entity may initiate civil environmental proceedings in El Salvador’s specialised environmental courts against any individual, corporate entity, organisation or the Salvadoran State.63 For environmental proceedings, the specialised environmental courts apply the Code of Civil and Commercial Procedure (Código Procesal Civil y Mercantil, hereinafter “CPCM”).64 First instance courts - which are specialised environmental trial courts - hear the first stage of civil environmental proceedings and second instance courts serve as specialised appellate courts for appeals of environmental matters from the first instance courts.65
Criminal courts may also hear cases involving violations of the LMA, following the ordinary rules of the Code of Criminal Procedure (Código Procesal Penal).66
The Constitutional Chamber of the Supreme Court hears cases brought by parties who allege a violation of their constitutional right to a healthy environment.67 There are two primary mechanisms for bringing a constitutional claim concerning the right to a healthy environment: an amparo petition or a writ of unconstitutionality.68 An amparo petition protects an individual from arbitrary acts of authority that violate constitutional rights.69 Parties primarily use amparo petitions to address violations of their constitutional rights by the State.70 Writs of unconstitutionality provide a mechanism to challenge a law or regulation that a party believes is unconstitutional. The remedy for such a writ is a declaration of the legislation’s constitutionality or unconstitutionality by the Constitutional Chamber.71
B. What rules of standing apply in environmental cases?
The MARN has standing to bring an administrative proceeding ex officio, or upon the complaint of any individual or legal entity.72 While the LMA obliges the state to bring civil environmental proceedings against offending parties, it also grants standing to any individual or legal entity who has suffered an injury as the result of environmental damage.73 The Supreme Court understands the right to a healthy environment to be a diffuse right and permits both individuals and groups to vindicate constitutional claims.74
C. Do these rules of standing differ when children are the complainants and if so in what way?
The law establishes that children may exercise their right to legal defence using all means recognised by law, before any person or institution, public or private.75 They are guaranteed administrative and judicial protection and may appeal to the competent authorities themselves or through their legal representatives.76 They also have the right to participate and intervene in all proceedings in accordance with the law.77
Although the law determines that the rights of children and adolescents are applicable to ‘[...] every person from the moment of conception until they reach the age of eighteen,’ the Civil Code establishes different categories based on age.78
D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?
The method of evaluating evidence in both administrative79 and civil environmental proceedings80 is sound criticism (sana crítica). Sound criticism affords a judge the latitude to accept and weigh evidence based on logic and experience.81 This method is characterised as one of “rational persuasion” in which judges are not subject to specific guidelines or standards of proof. Instead, judges are required to weigh evidence in accordance with principles of reason.82
To prove environmental damage, the law admits any means of proof that is lawful and pertinent.83 In administrative and criminal proceedings, the offending party enjoys a presumption of innocence.84 In civil environmental proceedings, the burden of proof is on the defendant.85
The method of evaluating evidence in criminal environmental proceedings is similar to that of civil and administrative proceedings. Article 177 of the Salvadoran Criminal Procedure Code (Código Procesal Penal, hereinafter “CPC”) allows resort to any evidence that is utilisable and pertinent to the investigation, to the facts and circumstances surrounding the accusation, to the identity of the responsible party or to the credibility of witnesses.86 The burden of proof in criminal proceedings is on the accusing party.87
There is no specific burden and standard of proof for toxic exposure cases. The aforementioned standards in civil environmental proceedings and criminal proceedings are used in lieu of specific standards for toxic exposure.
E. What limitation periods apply in environmental cases?
There is no specific statute of limitations for environmental cases. For civil cases, Article 133 of the Civil Code provides that the ordinary statute of limitations is 20 years.88 For criminal cases, Article 32 of the CPC states that if the crime committed carries a sentence depriving liberty, the limitation period is three years.89 Otherwise, the limitation period is one year.90
F. Is legal aid available in environmental cases? If so, under what circumstances?
The law establishes that the state shall guarantee free legal and multidisciplinary advice to ensure the substantive defence of children, adding that the state shall guarantee children free access to justice, regardless of their role in the proceedings.91
III. Remedies
A. What remedies are courts empowered to impose in environmental cases?
The Environmental Courts have jurisdiction over claims related to acts that threaten or harm the environment.92 In the event of a lawsuit or complaint, the Environmental Courts will act ex officio, to order environmental protection measures and final judgments.
The CPCM and LMA empower the court to grant both civil and criminal remedies - although the latter is rare. In terms of civil powers, courts will often impose injunctive relief, known as medidas cautelares (“precautionary measures”). The most common use of injunctive relief has been to suspend works, such as construction projects, while the threat to health or the environment persists. Once the threat is addressed, the injunctive order is lifted. These precautionary measures are adjusted depending on the intensity, proportionality and need of each particular case.93
Another common civil relief is damages and restoration obligations. Under the LMA, those who damage the environment have a “legal duty to restore the environment or ecosystem […] where possible, or […] replace the damage in the most appropriate and equitable manner [...]”.94 Additionally, the responsible parties may have to compensate individuals for damage related to environmental damage.95 Similarly, the State also has an obligation to restore damaged ecosystems when possible or undertake compensatory actions when the damage is irreversible.96 The LMA requires courts to set a time frame to carry out restoration or pay compensation.97
In criminal law, environmental crimes require that the complaint is filed with the National Civil Police and/or with the Attorney General of El Salvador in the location where the crime was committed.98 Juries often hear environmental criminal cases, but a panel of judges decides the final sentence.99 Article 255 of the Salvadoran Criminal Code establishes that:
“[a]nyone who causes or carries out, directly or indirectly, emissions, radiation or discharges of any nature into the soil, atmosphere, surface land, underground or maritime waters, in contravention of the respective laws and regulations and that seriously endangers the health or people's quality of life or the balance of ecological systems or the environment will be punished with imprisonment...”100
Prison terms range from a minimum of 3 years to a maximum of 10 years, depending on the crime committed.101
B. What remedies have courts ordered in environmental cases to date?
Salvadoran courts have ordered several types of remedies in environmental cases. Environmental judges are empowered to adopt atypical or unnamed measures of an urgent nature to guarantee the protection and conservation of the environment and the health and quality of life of the affected inhabitants.102 The most popular remedy, (see part III.A. above), have been medidas cautelares (precautionary measures). Precautionary measures are effectively preliminary injunctions or temporary restraining orders of the alleged violation. In some cases, administrative agencies, rather than courts, have imposed fines for breaches of environmental regulations.
In practice, MARN offices have reported that they aim for “conciliation” to give the violator a chance to carry out remedial measures.103
Criminal penalties are also available, although they have been rarely implemented (see part III.A. above). Title X (Articles 253 to 263) of the Salvadoran Criminal Code imposes imprisonment for various crimes against the environment. Prison terms range from a minimum of 3 years to a maximum of 10 years, depending on the crime committed.104 In practice, “all sentences for environmental crimes have been commuted to house arrest or public interest work.”105 The World Bank has indicated that a lack of prosecutors and other forensic resources as well as undue influence over courts have contributed to weak enforcement of environmental crimes.106
C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?
The MARN is empowered to carry out regulation, licensing and other activities to implement the LMA and ensure the protection of the right to a healthy environment.107 The MARN also has the responsibility of ensuring compliance with environmental treaties to which El Salvador is a party.108 The MARN’s comprehensive authority regarding environmental matters includes the authority to act on environmental complaints. The MARN may take provisional preventive measures in the presence of imminent damage to the environment,109 initiate investigations and impose sanctions through the administrative process outlined above.110
The Ministry of Health improves the environment through actions and regulations relating to a sanitary urban and rural environment. The Ministry of Health is empowered to take direct action in response to certain pollutants.111 It may also hear violations of the environmental provisions contained in the Health Code and related regulations.112
The Office of the Attorney General is empowered to act on behalf of the State to uphold its Constitution and laws.113 This office may initiate legal proceedings on its own or at the request of another.114
The Office for the Defence of Human Rights ensures the human rights of the citizens of El Salvador, including environmental rights.115 When a human rights violation is established, the Office may prepare its own report and findings and bring an action before the relevant judicial body.116
IV. Civil and political rights
Although the Constitution is the primary source of civil and political rights, El Salvador is also a party to the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR).117 There is overlap between the ICCPR and the ACHR, which guarantees freedom of assembly, association and expression,118 and the Salvadoran Constitution, which grants individuals the rights to freely associate, peaceful assembly, and to express and disseminate ideas. Individuals seeking redress for violations of rights included in the ACHR have the option of bringing their claims before the Inter-American Commission and Inter-American Court of Human Rights.119 Individuals seeking redress for violations of rights in the ICCPR can bring their claims before the Human Rights Committee, which is responsible for monitoring the implementation of the ICCPR.120
Freedom of peaceful assembly
A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?
Article 7 of the Salvadoran Constitution grants individuals the right to “meet peacefully, without arms, for any lawful purpose.”121 Additionally, the Crecer Juntos Act provides that children specifically have the “right to meet publicly or privately for lawful and peaceful purposes [...].”122
B. Are there any legal limitations on the right of children to engage in peaceful assemblies?
Yes. This right must be exercised “within the limits established by law in order to guarantee the safety, fundamental rights, and freedoms of others.”123 It is prohibited to allow children and adolescents to enter or gather in spaces that could be harmful to their “health or spiritual, physical, psychological, mental, or social development.”124 Some examples of prohibited spaces are gambling establishments and certain bars.125
C. What penalties can be imposed on children for engaging in school strikes?
Attendance in school is compulsory for children.126 There does not appear to be any specific legislation enacting penalties for absences, as El Salvador has a persistent problem with school absences due to a variety of factors.127
Freedom of expression
A. How is children’s right to freedom of expression protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
The Salvadoran Constitution grants every person the right to “freely express and disseminate their thoughts provided they do not subvert the public order nor injure the moral, honour or private lives of others.”128 The Crecer Juntos Act explicitly extends this right to children, affirming that they have the right to express themselves freely and voluntarily, individually or collectively, in accordance with their developmental stage, and to receive and disseminate information.129 Furthermore, “children have the right to express their opinions and be heard regarding the exercise of the principles, guarantees, and powers established in this Law.”130
B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?
The law establishes that children and adolescents, like adults, are subject to restrictions “prescribed by law that are necessary to protect the safety, public health, and fundamental rights of others.”131
Freedom of association
A. How is children’s right to freedom of association protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
Individuals in El Salvador have the constitutional right to “associate freely” and may not be compelled to “belong to an association.”132 Article 107 of the Crecer Juntos Act guarantees that children also have the right to associate voluntarily and freely.133 Adolescents may establish non-profit associations and serve on their governing bodies.134
B. Are there any legal limits or restrictions on the right to association that specifically apply to children?
It should be noted that while the law refers to the possibility for all children and adolescents to voluntarily and freely associate, it only refers to the right of adolescents to form non-profit associations and be part of their governing bodies.135 The same Article 107 establishes that “in order for legal entities composed exclusively of adolescents to be legally liable, they must appoint, in accordance with their statutes, a legal representative to assume the legal and administrative responsibilities that may arise from these acts.”136
Access to information
A. How is children’s right to access information protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
El Salvador's Law on Access to Public Information (Ley de Acceso a la Información Pública) establishes that all persons in El Salvador have the right to access public information.137 The Crecer Juntos Act confirms that children have the right to seek, obtain, and share information and ideas of any kind, whether oral, written, artistic, or symbolic, using any available means.138
El Salvador was invited to sign the 2018 Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, but is not currently a signatory.139 This treaty, more commonly known as the Escazú Agreement, reaffirmed the principle that:
“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."140
Although the treaty does not specifically address children, it promotes the right to access environmental information for all individuals.
B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?
The law stipulates that this right must be exercised under the guidance of the mother, father, representative, or guardian and in accordance with the child's developmental stage, taking into account the limitations set forth in the country's legislation.141 The law also stipulates that public and private entities involved in communication, as well as those that offer information and telecommunications services or produce and share content, shall be required to implement systems for classifying users according to their age and the nature of the material they access.142 The definition of the rules, methods, and parameters for deciding which content is included in each category will be the responsibility of the competent authorities.143 In order to protect children and adolescents, the law prohibits the dissemination, exhibition, or commercialization of content, products, and shows that may negatively affect their overall development, especially during family programming hours.144 It is the responsibility of the State to establish time slots and classify content according to recommended ages.145 Materials that promote violence, discrimination, pornography, or alcohol and drug use, as well as those that manipulate the immaturity of minors to induce dangerous behaviour, are considered harmful.146 These provisions are mandatory for all media outlets and advertising companies, both public and private.147
In digital environments, special measures are established to protect children and adolescents from inappropriate content. Internet providers must offer free parental control tools for managing content and applications.148 Likewise, the State has the obligation to prevent, investigate, and punish cybercrimes that affect them, as well as to guarantee the restoration of their rights.149 For their part, parents or guardians must guide and educate minors about the benefits and risks of using technology, in accordance with their level of development.150
C. Does the national curriculum for schools include environmental education?
The General Education Law (Ley General de Educación) of El Salvador states that one of the objectives of national education is to improve the relationship between individuals and their environment, using educational methods and modalities that explain the processes implicit in that relationship, within the bounds of rationality and conscience.151 This law establishes a national curriculum.152 Both private and public schools use the national curriculum.153 Environmental topics are part of this curriculum, as both the Constitution and the General Education Law require that schools ensure that students receive training in the rational use of human resources.154 A 2011 amendment to the General Educational Law also requires that schools educate their students on “environmental sustainability, ecological risk management, and adaptation and mitigation of climate change.”155
The Crecer Juntos Act stipulates that the state must implement educational programs aimed at families and communities, focused on protecting the environment.156
In addition, the MARN is involved in establishing goals and objectives for national environmental education. Together with the Ministry of Education, Science, and Technology (MINEDUCYT), they launched a new National Environmental Education Policy in 2025, which is presented as a comprehensive strategy with a preventive approach that promotes environmental culture, understood as the adoption of values, customs, behaviours, knowledge, and habits in the environmental context.157 This policy proposes environmental awareness and education processes to be developed in a planned and systematic manner with various sectors that, from their areas of action, can carry out environmental initiatives.158 The proposed methodology for implementing these processes is oriented toward the use of educational tools and spaces that allow for more effective knowledge transfer and access to information related to the environment in order to convert them into environmental actions.159
***
End notes
1 Legislative Assembly of the Republic of El Salvador, Decree No. 38, D.O. No. 142, Volume No. 280 (July 29, 1983), Art. 117, Constitución de La República de El Salvador [Constitution] 20 Dec. 1983, Art. 117.
2 Constitutional Chamber of the Supreme Court of Justice of El Salvador (SCCSJ), Case No. 5-93Ac (July 2, 1998), https://www.jurisprudencia.gob.sv/busqueda/showFile.php?bd=1&data=DocumentosBoveda%2FD%2F1%2F1990-1999%2F1998%2F07%2F1554.PDF&number=5460&fecha=02/07/1998&numero=5-93Ac&cesta=0&singlePage=false%27.
3 Supra note 1.
4 Ibid.
5 Supra note 1, Art. 69.
6 Supra note 1, Art. 113.
7 Supra note 1.
8 Organization of American States, Questionnaire on the Legal-Institutional System of El Salvador (Dec. 2005), http://www.oas.org/juridico/english/slv_res_en.pdf.
9 Supra note 2.
10 See Judicial Training School, Relevant Jurisprudence in the Field of Environmental Law 2–9.
11 For example, in Case No. 40-MCAMB-15 (Third Civil Chamber of the First Section of the Center, San Salvador, April 16, 2015), an environmental judge ordered a total suspension of tree felling for six months on the Oakland estate, located in the San Roque canton. The estate appealed, and the Environmental Appeals Chamber determined that the environmental judge's order exceeded his jurisdictional authority by regulating a relationship determined by contract.
12 Oscar Samour, Guide to Legal Research in El Salvador, N.Y.U. Hauser Global Law School Program (Mar./Apr. 2020), https://www.nyulawglobal.org/globalex/El_Salvador1.html#_4.3_Jurisprudence.
13 See, for example, Case No. 21-2020AC (Constitutional Chamber of the Supreme Court of Justice [El Salvador], June 8, 2020), https://www.jurisprudencia.gob.sv/busqueda/showFile.php?bd=1&data=DocumentosBoveda%2FD%2F1%2F2020-2029%2F2020%2F06%2FDD586.PDF&number=906630&fecha=08/06/2020&numero=21-2020AC&cesta=0&singlePage=false%27; Case No. 46-2020 (Constitutional Chamber of the Supreme Court of Justice [El Salvador], May 13, 2020), https://www.jurisprudencia.gob.sv/busqueda/showFile.php?bd=1&data=DocumentosBoveda%2FD%2F1%2F2020-2029%2F2020%2F05%2FDC815.PDF&number=903189&fecha=13/05/2020&numero=46-2020&cesta=0&singlePage=false%27.
14 Issued by Legislative Decree No. 233, on March 1998, published in Official Gazette No. 79, Volume 339, on May 4, 1998, https://unidadambiental.ues.edu.sv/wp-content/uploads/sites/44/2023/10/LEY_DEL_MEDIO_AMBIENTE.pdf.
15 Ibid., Art. 1.
16 Case No. 301-2006 (Administrative Litigation Chamber of the Supreme Court of Justice [El Salvador], April 12, 2018), https://www.jurisprudencia.gob.sv/busqueda/showFile.php?bd=1&data=DocumentosBoveda%2FD%2F1%2F2010-2019%2F2018%2F04%2FCBE0A.PDF&number=835082&fecha=12/04/2018&numero=301-2006&cesta=0&singlePage=false%27.
17 Supra note 14.
18 Ibid., Art. 1.
19 Ibid., Art. 3.
20 Ibid., Art. 4.
21 Issued by Legislative Decree No. 579 on January 13, 2005, published in Official Gazette No. 32, Volume No. 366, on February 15, 2005, http://rcc.marn.gob.sv/xmlui/handle/123456789/290.
22 Ibid., Art. 3.
23 Issued by Legislative Decree No. 527, published in Official Gazette No. 40. Volume No. 426 of February 27, 2020, https://cidoc.ambiente.gob.sv/documento/decreto-no-527-ley-de-gestion-integral-de-residuos-y-fomento-al-reciclaje/.
24 Ibid., Art. 1.
25 Ibid.
26 Issued by Legislative Decree No. 852, dated May 22, 2002, https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_072947519_archivo_documento_legislativo.pdf.
27 Ibid., Art. 1.
28 Ibid.
29 Ibid.
30 Issued by Legislative Decree No. 253, on the fourth day of January 2022, published in Official Gazette No. 8, Volume No. 434, on January 12, 2022, https://www.asamblea.gob.sv/sites/default/files/documents/decretos/38040F9D-D229-4C16-8F55-51EF058A2F0A.pdf.
31 Ibid., Art. 1.
32 Ibid.
33 Ibid.
34 Issued by Legislative Decree No. 844, dated April 14, 1994, published in Official Gazette No. 96, Volume No. 323, dated May 25, 1994, http://rcc.marn.gob.sv/xmlui/handle/123456789/285.
35 Ibid., Art. 1.
36 Ibid., Art. 2.
37 Ibid.
38 Issued by Legislative Decree No. 637, dated December 6, 2001, published in Official Gazette No. 240, Volume No. 353, dated December 19, 2001, https://www.mag.gob.sv/download/ley-general-de-ordenacion-y-promocion-de-pesca-y-acuicultura-y-su-reglamento-de-el-salvador/.
39 Ibid., Art. 1.
40 Ibid., Art. 3.
41 Issued by Legislative Decree No. 315 on April 25, 1973, published in the Official Gazette on May 10, 1973, https://www.mag.gob.sv/wp-content/uploads/2021/06/7-DECRETO-315-LEY-SOBRE-CONTROL-DE-PESTICIDAS-FERTILIZANTES-Y-PRODUCTOS-PARA-USO-AGROPECUARIO.pdf.
42 Ibid., Art. 1.
43 Issued by Legislative Decree No. 431, dated June 22, 2022, published in the Official Gazette No. 117, Volume No. 435 (June 22, 2022), Art. 38, https://www.conapina.gob.sv/wp-content/uploads/2024/06/REFORMA-LEY-CRECER-JUNTOS_VFOK.pdf.
44 Issued by Legislative Decree No. 955, published in the Official Gazette on May 11, 1988, Art. 56, https://cssp.gob.sv/wp-content/uploads/2016/05/C%C3%B3digo-de-Salud..pdf.
45 Issued by Legislative Decree No. 652 and published in Official Gazette No. 43, Volume No. 438, on March 2, 2023, Art. 34, https://www.asamblea.gob.sv/sites/default/files/documents/decretos/26B90245-73DF-4D64-9C1C-79EC207F7839.pdf.
46 Reforms approved to punish environmental crimes (Legislative Assembly, May 27, 2021).
47 Ibid.
48 Inc. 115-2012 (Constitutional Chamber of the Supreme Court of Justice [El Salvador], August 31, 2015).
49 Supra note 46.
50 Telephone Interview with Luis Francisco López Guzmán, Attorney, Firma Legal Lopez Guzman (17 July, 2020). Luis Francisco López Guzmán is Salvadoran lawyer and notary who specialises in environmental, philosophical and bioethics strategic litigation and class action suits. He holds a Doctorate in Philosophy from the Universidad Centroamericana José Simeón Cañas UCA, a Masters in Environmental Biology from the Universitat Autònoma de Barcelona and received his law licence from the Universidad Tecnológica de El Salvador. He has participated in multiple conferences and has appeared before multiple judicial forums. He previously served as the Legislative Technical Advisor for the National Assembly and as the National Director of Regulation and Legislation for the Health Ministry of El Salvador.
51 Stockholm Convention on Persistent Organic Pollutants, (22 May 2001) 2256 U.N.T.S. 119, 215 [hereinafter Stockholm Convention].
52 Ibid.
53 MARN-PNUD-GEF, Plan de Implementación sobre Contaminantes Orgánicos Persistentes (COP) de El Salvador (FAOLEX doc. ELS/1706/12), https://faolex.fao.org/docs/pdf/els170612.pdf.
54 See supra note 50, Art. 3. It is not clear whether El Salvador has implemented specific laws or regulations as a result of its signatory status. However, El Salvador does submit periodic national reports pursuant to Article 15 which provide, in part, “statistical data on its total quantities of production, import and export” of certain persistent organic pollutants. E.g. 2018 Report: http://ers.basel.int/ERS-Extended/FeedbackServer/fsadmin.aspx?fscontrol=respondentReport&surveyid=73&voterid=49227&readonly=1&nomenu=1.
55 UNEP, Strengthening the environmentally sound management of solid and hazardous waste in El Salvador (17 Dec. 2019), https://www.unep.org/news-and-stories/story/strengthening-environmentally-sound-management-solid-and-hazardous-waste-el.
56 George Washington University – Environmental Resource Policy, Improving the Comparability of PRTRs to Address Global Sustainability Needs 18 (2017), https://www.epa.gov/sites/production/files/documents/gwu_global_awareness_report_on_tri.pdf.
57 Ibid.; United Nations Institute for Training and Research (UNITAR), Designing Pollutant Release and Transfer Registers (PRTRS) in Central America (5 Oct., 2011), https://unitar.org/about/news-stories/news/designing-pollutant-release-and-transfer-registers-prtrs-central-america; Routledge Handbook of International Environmental Law 455 (Shawkat Alam et al. eds., 2013).
58 Permanent Mission of El Salvador to the UN, Report of the Republic of El Salvador pursuant to General Assembly resolution 74/192 (7 April 2020) (Translated from Spanish).
59 United Nations General Assembly, Review of the prevention of transboundary harm resulting from hazardous activities and allocation of loss in the event of such harm, U.N. Doc. A/77/148 (27 July 2022), https://undocs.org/A/77/148.
60 Supra note 14, Art. 88.
61 Ibid. Art. 93.
62 Ibid. Art. 91
63 Ibid. Art. 100.
64 Ibid. Art. 102.
65 Ibid. Art. 99; see also Anna-Catherine Brigida, From Australia to El Salvador to Vietnam, the Environment is Finally Getting its Day in Court, ENSIA (24 Apr. 2018), https://ensia.com/features/environment-finally-getting-day-court/; Salvadoran judge urges more rigorous oversight amid pandemic, ECOAMÉRICAS (7 May, 2020), https://www.ecoamericas.com/issues/article/2020/5/8FC2DAF5-13D9-4BEA-9B2C-6ACCF2E4894C; United Nations Environmental Programme, Environmental Courts and Tribunals: A Guide for Policy Makers (Sep. 2016), http://wedocs.unep.org/bitstream/handle/20.500.11822/10001/environmental-courts-tribunals.pdf.
66 Supra note 14, Art. 106.
67 Supra note 12, at 3.2.1.1.
68 Ibid., at 3.2.1.3-3.2.1.4.
69 Ibid., at 3.2.1.3.
70 Ibid.
71 Ibid., at 3.2.1.4.; Child Rights International Network, Access to Justice for Children: El Salvador 2 (2015), https://archive.crin.org/sites/default/files/elsalvador-final-denitsa-updated.sept_.2015.pdf [hereinafter CRIN Report].
72 Supra note 14, Art. 91.
73 Ibid., Art. 102. See also Civil and Commercial Procedural Code, Art. 66, https://www.cnj.gob.sv/index.php/publicaciones-cnj/80-codigo-procesal-civil-y-mercantil-de-el-salvador (in civil proceedings in general, individuals have standing to sue provided they have a legally recognised right or interest related to the claim they are pursuing; this also extends to those who are entitled to act in defence of the rights and interests of those who do not hold them, i.e. similar to a solicitor acting on behalf of a child).
74 Supra note 2.
75 Supra note 43, Art. 80.
76 Ibid.
77 Ibid.
78 Supra note 43, Art. 3; Civil Code [of El Salvador] Art. 26, https://www.oas.org/dil/esp/codigo_civil_el_salvador.pdf.
79 Supra note 14, Art. 94.
80 Ibid., Art. 102A.
81 Alberto Bovino, Evidential Issues Before the Inter-American Court of Human Rights, 2005 Sur International Journal on Human Rights 1, 66, https://sur.conectas.org/en/evidential-issues-inter-american-court-human-rights/.
82 Alvaro Paúl, Sana Crítica: The System for Weighing Evidence Utilised by the Inter-American Court of Human Rights, 2012 Buffalo Human Rights Law Review 193, 210-11 https://digitalcommons.law.buffalo.edu/cgi/viewcontent.cgi?article=1030&context=bhrlr.
83 Case No. 21-2018-PC-AMB-APEL, 9 (3 March 2019) (Second Instance Environmental Chamber).
84 Supra note 1, Art. 12; Supra note 14, Art. 91.
85 Supra note 14, Art. 102B.
86 Code of Criminal Procedure [CPP], Legislative Decree No. 733 (22 October 2008), Official Gazette No. 20, Volume No. 382 (30 January 2009), Art. 177, https://www.fiscalia.gob.sv/medios/portal-transparencia/normativas/normativas-de-interes/codigo-procesal-penal.pdf.
87 Ibid. Art. 6.
88 Supra note 77, Art. 2,253.
89 Supra note 85, Art. 32.
90 Ibid.
91 Supra note 43, Arts. 80 and 81.
92 Supra note 14, Art. 99.
93 Supra note 8, Art. 102C.
94 Supra note 14, Art. 2 e).
95 Ibid.
96 Supra note 14, Art. 100.
97 Ibid., Art. 103.
98 Environmental Courts, Responsibilities (Supreme Court of Justice), https://www.csj.gob.sv/jurisdiccion-ambiental-de-el-salvador-la-responsabilidad-administrativa-ambiental/.
99 Trial by Jury (Criminal Chamber of the Second Section), https://www.jurisprudencia.gob.sv/DocumentosBoveda/E/1/2010-2019/2018/12/DFF69.HTML.
100 Supra note 66, Art. 255.
101 Ibid., Arts. 255-262.
102 Case No. 38-MCAMB-15 (Third Civil Chamber of the First Section of the Central District, San Salvador) (23 April 2015); Supra note 14, Art. 102C.
103 World Bank Department of Environment and Socially Sustainable Development, Latin America and Caribbean Region, Report No. 35226-SV: Republic of El Salvador Country Environmental Analysis – Improving Environmental Management to Address Trade Liberalisation and Infrastructure Expansion 30 (20 March 2006), https://documents1.worldbank.org/curated/en/795601468273650092/pdf/35226.pdf.
104 Supra note 63, Arts. 255-262.
105 Supra note 102, 38.
106 Ibid.
107 Henry Mejía, Environmental Protection in Salvadoran Law, https://huespedes.cica.es/gimadus/19/04_henry_alexander_mejia.html.
108 Ibid.
109 Supra note 14, Art. 83.
110 Ibid., Art. 88.
111 Supra note 44, Art. 78.
112 Campos, et al., The Human Right to a Healthy Environment and Its Constitutional Protections, at 14.13.1.5. (June 2005), https://hdl.handle.net/20.500.14492/9308.
113 Ibid., at 14.13.1.7.
114 Ibid.
115 Ibid., at 14.13.1.6.
116 Ibid.
117 International Covenant on Civil and Political Rights, 16 Dec. 1966, 4 U.N.T.S. 4., https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights; American Convention on Human Rights [ACHR] (San José Agreement), 22 nov. 1969, O.A.S.T.S. No. 36, 1144 U.N.T.S. 123, https://www.oas.org/dil/treaties_b-32_american_convention_on_human_rights.pdf.
118 See e.g., ACHR, Art. 13 (“Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art or through any other medium of one's choice.”);
ACHR, Art. 14 (“The right of peaceful assembly, without arms, is recognised. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and necessary in a democratic society in the interest of national security, public safety or public order, or to protect public health or morals or the rights or freedom of others.”);
ACHR, Art. 15 (“Everyone has the right to associate freely for ideological, religious, political, economic, labour, social, cultural, sports or other purposes.”);
ICCPR, Art. 19(2) (“Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of their choice.”);
ICCPR, Art. 21 (“The right of peaceful assembly shall be recognised. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”);
ICCPR, Art. 22(1) (“Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.”).
119 Inter-American Court of Human Rights (What is the Court?), https://www.corteidh.or.cr/que_es_la_corte.cfm?lang=es.
120 United Nations Human Rights Office of the High Commissioner, Monitoring Civil and Political Rights (Human Rights Committee), https://www.ohchr.org/en/hrbodies/ccpr/pages/ccprindex.aspx.
121 Supra note 1, Art. 7.
122 Supra note 43, Art. 106.
123 Ibid.
124 Ibid.
125 Ibid.
126 Ibid., Art. 48.
127 Observatory on Children and Adolescents, Observatory on Children No. 2, April–June 2025 (Alliance for the Rights of Children, Adolescents and Youth eds., 2025), https://observatoriodelaninezyadolescencia.org/wp-content/uploads/2025/06/Observatorio-de-la-Ninez-y-Adolescencia-No-2-abril-junio-2025.pdf.
128 Supra note 1, Art. 6.
129 Supra note 43, Art. 99 y 107.
130 Ibid. Art. 100.
131 Ibid. Art. 93.
132 Supra note 1, Art. 7.
133 Supra note 43.
134 Ibid.
135 Ibid.
136 Ibid.
137 Law on Access to Public Information [of El Salvador] art. 1, Legislative Decree No. 156 (10 April 2004), Official Gazette No. 70, Volume 362, https://www.fiscalia.gob.sv/wp-content/uploads/portal-transparencia/Ley-de-Acceso-a-la-Informacion-Publica.pdf.
138 Supra note 43.
139 Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement), 4 March 2018, https://www.cepal.org/en/escazuagreement.
140 Ibid. See also Talli Nauman, Take action now to secure historic environmental rights accord for Latin America, Caribbean, Americas Program (31 Jul. 2018). https://www.americas.org/take-action-now-to-secure-historic-environmental-rights-accord-for-latin-america-caribbean/.
141 Supra note 43, Art. 101.
142 Ibid.
143 Ibid.
144 Ibid., Art. 102.
145 Ibid.
146 Ibid.
147 Ibid.
148 Ibid., Art. 103.
149 Ibid.
150 Ibid.
151 General Education Act [of El Salvador], Legislative Decree No. 917 (24 September 1996), Official Gazette No. 192, Volume 333, Art. 3, Lit. g), https://www.mined.gob.sv/download/ley-general-de-educacion/.
152 Ibid., Art. 48.
153 Ibid.
154 Supra note 1, Art. 60 (“In all public or private, civil or military teaching centres the instruction of national history, civics, morality, the Constitution of the Republic, human rights and the conservation of the natural resources shall be obligatory”); General Education Law, Art. 13.
155 Michal Nachmany et al., Climate Change in El Salvador: An Excerpt from the 2015 Global Climate Change Study, Grantham Research Institute on Climate Change and the Environment, London Sch. of Econ. & World Legis. Org. (2015), http://www.lse.ac.uk/GranthamInstitute/wp-content/uploads/2015/05/ELSALVADOR.pdf.
156 Supra note 43, Art. 38 c).
157 National Policy on Environmental Education for Sustainable Development (2019–2029) [from El Salvador], https://blockchain.ambiente.gob.sv/documentos/politica-nacional-de-educacion-ambiental-3/ [accessed January 2026].
158 Ibid.
159 Ibid.