Uruguay

CRIN would like to express our profound gratitude to our external reviewer, Daniel Rodrigo Zubillaga Puchot, 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?

Article 47 of the National Constitution of Eastern Republic of Uruguay from 1967, as amended on 26 November 1989, 26 November 1994, 8 December 1996 and 31 October 2004 (the “Constitution”) 1 sets forth the defence of environmental rights as a general duty for the civil society stating that “[t]he protection of the environment is of public interest”. In addition, Article 47 prohibits the material destruction or contamination of the environment and requires the creation of a law to regulate violations of environmental rights and provide for sanctions for violations, expressly stating that “persons must abstain from any act that causes the material (grave) depredation, destruction or contamination of the environment.”

The environmental rights set out in Article 47 of the Constitution include access to clean water and sanitation. They are complemented by the following public interest matters set out in Article 1 of the General Law for the Protection of the Environment, of 12 December 2000 (Ley General de Protección del Ambiente) (Law No. 17,283) (the “Environmental Law”). 2

  • A. Protection of the environment, air quality, water, soil and landscape.
  • B. The conservation of biological diversity and of the configuration and structure of the coast.
  • C. The reduction and proper management of toxic or dangerous substances and waste whatever its type.
  • D. The prevention, elimination, mitigation and compensation of negative environmental impacts.
  • E. The protection of shared environmental resources and of those located outside the areas subject to national jurisdiction.
  • F. Regional and international environmental cooperation and participation in solving global environmental problems.
  • G. The formulation, implementation and application of the national policy regarding environment and sustainable development.

In addition, Article 6 of Chapter II of the Environmental Law sets out the following key principles on which the national environmental policy is based:

  • A. The status of the Republic as a “Natural Country” from an economic, cultural and social perspective of sustainable development.
  • B. Giving priority to the criteria of prevention and precaution in the management of the environment such that, whenever there is danger of serious or irreversible harm, the lack of technical or scientific certainty may not be invoked as grounds for not taking preventive measures.
  • C. The gradual and progressive incorporation of new requirements is essential for the effective integration of the environment to economic and social development, without the need to recognise the consolidation of pre-existing conditions.
  • D. The protection of the environment constitutes a commitment that concerns the entire society; therefore, individuals and representative organisations have the right and obligation to participate in this process.
  • E. Environmental management must begin with the recognition of its cross-sector applicability, requiring the integration and coordination of the different public and private sectors involved, ensuring the national scope of the implementation of the environmental policy and decentralisation in the exercise of environmental protection tasks.
  • F. Environmental management must be based on proper management of environmental information, in order to ensure its availability and accessibility by anyone interested.
  • G. The increase and strengthening of international cooperation in environmental matters, promoting the development of common environmental criteria.

B. Have constitutional rights protections been applied by national courts with regards to environmental issues?

Cases involving the violation of environmental rights are limited in Uruguay. Even more limited are cases involving children and the violation of environmental rights. Of the few cases that exist, local courts have focused on the right to access resources necessary for life, such as shelter, food and water, including the following: 3

Court Judgement No. 293/2010. Court of Family Appeals, No. 2 – The court invoked the right to shelter under the Environmental Law in a custody case where the mother of the child kept the child and his four brothers sleeping on the floor. The court awarded the custody of the child to the father based on the right of children to a clean home pursuant to Article 45 of the Constitution.

Court Judgement No. 71/2017; Court of Civil Appeals, No. 7 – The Court ordered the suspension of the effects of certain resolutions issued by the National Office of Mining and Geology (Dirección Nacional de Minería y Geología or “DINAMIGE”) that adversely affected the rights of the plaintiff to access clean water, citing the text of Article 47 of the Constitution.

DFA-0009-000221/2014 SEF-0009-000100/2014; Court of Civil Appeals, No. 4 – The Public Ministry filed a claim against the State seeking to prevent certain equestrian or horse riding activities that were alleged to cause negative environmental impacts on the coastal habitat. The court cited Article 47 of the Constitution as setting out a right to the protection of the environment, Articles 2 and 3 of the Land Use Planning and Sustainable Development Law as providing that individuals have a right to be protected in their enjoyment of a healthy and balanced environment and setting out the obligations of the government, and Article 1 of the Law of Environmental Impact Evaluation, of 26 January 1994 (Ley de Evaluación del Impacto Ambiental) (Law No. 16,466), 4 which declares of national public interest the protection of the environment against any depredation, destruction or contamination.

Court Judgement No. 37/2011; Court of Civil Appeals, No._6 – The Public Ministry sought an order preventing the development of a certain area to ensure the protection of the environment. The court cited Articles 7, 72, 47 and 332 5 of the Constitution as providing that the environmental right is related to the protection of the public and setting out the government’s obligation to protect individuals in their enjoyment of a healthy and balanced environment in accordance with Articles 47 and 332 of the Constitution and Articles 2, 3 and 4 of the Environmental Law.

C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?

The concept of intergenerational equity is new in Uruguay. The Uruguayan health care system underwent a reform in 2008 to address the concept of intergenerational equity and the Uruguayan National Courts have only applied this concept in cases related to public health. No cases related to environmental issues have applied the concept of intergenerational equity, and no environmental law currently specifically contemplates this concept as such. However, an approximate legal concept related to intergenerational equity can be found in art. 1(g) of the Environmental Protection Law or Law 17283 (Ley de Protección del Medioambiente or Ley Nº 17283), which provides that “[f]or the purposes of this law, sustainable development is understood to be development that meets the needs of the present without compromising the ability of future generations to meet their own needs."

D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?

The Uruguayan legal framework in respect of environmental laws consists of four principal laws that guarantee the protection of the environment and that set out sanctions for violations thereof. These four laws are the following:

  1. The Environmental Protection Law (“Environmental Law”), of 12 December 2000 (Ley de Protección del Medioambiente) (Law No. 17,283), 6 which, in compliance with the mandate of Article 47 of the Constitution prescribing for the declaration of laws that protect the environment, provides that the preservation of the environment, including the quality of the air, water, land and the landscape, the reduction and proper management of toxic or hazardous substances and waste, and the prevention, elimination, mitigation and compensation of negative environmental impacts, among others, are of public interest. In addition, the Environmental Law sets out sanctions for violations, restrictions on certain activities that impact the environment, obligations of certain regulators and governmental entities, and climate change regulations, among other provisions.
  1. Law of Environmental Impact Evaluation (“Environmental Impact Law”), of 26 January 1994 (Ley de Evaluación del Impacto Ambiental) (Law No. 16,466), 7 which defines negative environmental impacts and establishes civil responsibility for any such impact caused by persons. This law also regulates the powers of the Ministry of Housing, Territorial Management and Environment (Ministerio de Vivienda, Ordenamiento Territorial y Medio Ambiente or “MVOTMA”) and the Executive power among others.
  1. Law of Declaration of General Interest - National System of Natural Protected Areas, of 22 February 2000 (Declaración de Interés General. Sistema Nacional de Áreas Naturales Protegidas) (Law No. 17,234), 8 which provides for the creation and management of a National System of Natural Protected Areas as a matter of public interest. The National System of Natural Protected Areas is defined as the totality of natural areas of the national territory of Uruguay, including continental, island and marine areas, representative of the ecosystems of the country, which due to their environmental, historical, cultural or landscape values, deserve to be preserved as heritage of the nation, even if partially transformed by humans. The goal of the creation of the National System of Natural Protected Areas is to harmonise the planning and management criteria of the protected areas and to allocate the various responsibilities to the applicable governmental entity.
  1. Law on the Right of Access to Drinking Water, of 2 October 2009 (Ley de Política Nacional de Aguas. Principios Rectores) (Law No. 18,610), 9 which, in compliance with the mandate of Article 47 of the Constitution prescribing for the declaration of laws that protect the environment, provides that all persons have the right to access to drinking water and sanitation, as a fundamental right recognised by Article 47 of the Constitution. Law No. 18,610 regulates the management, preservation and protection of water rights in Uruguay and the responsibilities of the applicable supervising governmental entities.

In addition, the Executive branch has issued five decrees related to the protection of environmental rights:

  1. Regulatory Decree of the Water Code (Prevención de la Contaminación de las Aguas) (Decree No. 253/1979), 10 which provides for certain regulations for the protection of bodies of water and waterways, including maximum acceptable levels of contamination.
  2. Regulatory Decree of Environmental Authorisations (Reglamento de Evaluación de Impacto Ambiental y Autorizaciones Ambientales) (Decree No. 349/2005), 11 which provides for standards and regulations for the approval by MVOTMA of any environmental permits.
  3. Regulatory Decree of Waste Management (Reglamentación Sobre Residuos Sanitarios) (Decree No. 586/2009), 12 which regulates the management and disposal of waste.
  4. Regulatory Decree for the Management and Disposal of Lead and Acid Batteries (Regulación del Manejo y Disposición de Baterías de Plomo y Ácido Usadas o a ser Desechadas) (Decree No. 373/2003). 13
  5. Prohibition on the Use of Products Containing Asbestos (Prohibición de Comercialización de Productos que Contengan Amianto o Asbestos) (Decree No. 154/2002). 14

On 1 February 2017, a bill was presented before the Uruguayan Parliament (the “2017 Bill”), which seeks to incorporate a specific section in the Uruguayan Penal Code regulating “Crimes Against the Environment”. 15 The crimes, punishable under the 2017 Bill, include pollution, crimes against biodiversity and crimes against environmental management. The 2017 Bill establishes a penalty of up to eight years imprisonment for contamination of groundwater or environmental damage caused by toxic substances. In addition, the 2017 Bill would make it a crime to hinder environmental control or provide false information to the corresponding authorities, punishable by up to two years imprisonment. In 2020, a new Bill on Environmental Crimes was presented to Parliament (the “2020 Bill”), which also includes crimes on air, water and soil pollution; destruction, depredation and subtraction of animal and vegetable species under legal protection; pollution of Natural Protected Areas; responsibility of public officials; and responsibility for false information, among others. 16

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?

In 2008, the General Direction of Agricultural Services issued the Resolution S/N/008 of 17/11/2008 which banned fumigation near educational centres in rural areas. 17 This Resolution prohibited aerial applications of phytosanitary products in all types of crops at a distance of less than 50 metres from the border of the rural schools property; and 30 metres when it comes to terrestrial application. Years later, in 2011, Resolution 188/011 from the Ministry of Stockbreeding, Agriculture and Fisheries (MGAP) modified those distances for fumigation near rural schools, from 50 to 500 metres for aerial application, and from 30 to 300 metres for terrestrial application. 18 The 2008 Resolution also established that natural or legal persons who apply phytosanitary products by air or mechanised land in the proximity of school grounds are urged to do so on non-business days or outside school hours.

Law 17,775 regulates exposure to lead, and art. 8 specifically provides that the use of lead in toys is prohibited, as well as in elements naturally exposed to direct and potentially frequent contact with children and adolescents. 19 Furthermore, Decree 69/011 regulates the limitations on the use of lead in paints and varnishes. 20 This Decree specifically acknowledged that the presence of lead in paints constitutes a source of exposure to this metal and its compounds and that its restriction represents an effective measure for an environmental problem that can cause abnormal levels of lead in the blood, mainly affecting children.

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?

Former MVOTMA (current Ministry of Environment) and the Engineering School of the University of the Republic Uruguay issued a pollutant release and transfer register report in 2015, which was updated in 2019. 21 The report does not take into account any child-specific factor regarding the substances for which data is gathered and the type of data generated.

G. Does the State assert extra-territorial jurisdiction for any environmental issues?

Uruguay is party to six multilateral environmental agreements, including the Rio Declaration on Environment and Development 22 , the United Nations Framework Convention on Climate Change 23 , the Vienna Convention for the Protection of the Ozone Layer 24 , the Convention on Biological Diversity 25 , the Stockholm Convention 26 , and the Kyoto Protocol. 27 Several of these agreements refer to the management of biodiversity. None of these multilateral agreements contemplate criminal or civil liability in connection with environmental issues.

 
 

II. Accessing courts

A. How can environmental cases be brought before national courts?

The Ministry of Environment (MofE) (created in 2020) is the primary agency responsible for administering and enforcing environmental laws in Uruguay, after being separated from the former MVOTMA (Ministry of Housing, Territorial Planning and Environment).28 One avenue of bringing an environmental case is by filing a complaint with MofE. Additionally, under the Environmental Law (Law No. 17,283),29 MofE may delegate the administration and enforcement of environmental regulations to departmental or local authorities.30 In addition, it can exercise the legal actions regulated in art. 42 of the General Procedure Code.31

In Uruguay, litigation is first brought in the District Courts of First Instance, which are divided both geographically (between Montevideo and all areas beyond Montevideo, known as the “interior” of the country) and by subject matter (criminal, civil, labour, customs, juvenile, family, gender violence, contentious administrative and bankruptcy). Cases decided in the District Courts of First Instance may be appealed to the Courts of Appeal, and then to the Supreme Court.32

Violations of environmental laws or permits can result in civil, criminal or administrative liability. Under the Environmental Impact Law (Law No. 16,466),33 whoever causes destruction or contamination of the environment in violation of law is civilly responsible for the costs of all damage, and, if materially possible, responsible for reversing it.34 Where damage is irreversible, the person who caused the damage is responsible for all measures aimed at reducing or mitigating the damage.35

Various laws provide for administrative sanctions in the event of a violation of environmental laws or regulations. The sanctions may include a warning, the confiscation or destruction of vehicles, instruments and devices used or connected to the offence, the suspension of permits or authorisations, and fines.36

Under the Law on the Disposal of Hazardous Substances (Medio Ambiente. Desechos Peligrosos) (Law No. 17,220),37 any person who introduces hazardous waste in certain areas subject to national jurisdiction may be sentenced to anywhere from 12 months to 12 years in prison.38 In 2017 and 2020 respectively, two Bills were introduced, pursuant to which “Crimes Against the Environment” would be regulated and added to the Uruguayan Penal Code, and would include pollution, crimes against biodiversity and crimes against environmental management (see section I.D).39

B. What rules of standing apply in environmental cases?

The Environmental Law specifically sets forth who may bring environmental claims, stating that the protection of the environment is a concern of the whole of society, and that both individuals and representative organisations have the right, and the duty, to participate in this process.40

Whatsmore, under Article 42 of the General Code of Procedure (Código General de Proceso), approved by Law No. 15,982, any interested party can pursue a claim in matters relating to an undetermined group of people (“diffuse interests”), including environmental protection and cultural or historical values.41 The MofE is allowed to exercise the foregoing right set forth in Article 42 of the General Code of Procedure.42

Jurisprudence further recognises that any interested party can promote a claim related to environmental protection, even if the type of claim requires a direct, personal and legitimate interest.43 However, that same flexibility “has not been unanimously accepted for protective actions (“Amparo”) which are commonly used for environmental protection.”44

In criminal matters, the Code of Criminal Procedure (Law 19,293) establishes rules for standing in criminal procedure for crime victims, which only apply for direct or personal victims.45

C. Do these rules of standing differ when children are the complainants and if so in what way?

The Republic of Uruguay has a Childhood and Adolescence Code (Código de la Niñez y la Adolescencia), approved by Law No. 17,823,46 which recognises that all children and adolescents enjoy the rights inherent to the human person. Article 8 states that children and adolescents may go to the courts to defend their rights, with the assistance of a lawyer.47

The United Nations Convention on the Rights of the Child (“UNCRC”),48 which Uruguay has signed and ratified, also states that a child should be provided with the opportunity to be heard in any judicial and administrative proceedings affecting the child. The principle of the ‘best interests of the child’ has been incorporated into Uruguayan law through Article 6 of the Childhood and Adolescence Code.

The Civil Code, on the other hand, recognises legal capacity or age of majority at 18 years old;49 and does not grant children the civil capacity for appearing in court.50 Children are required to appear in court with a representative. Only through their representatives are they authorised to bring cases of violation of their rights to courts.51

The representatives are persons exercising “parental authority”, guardianship or curatorship. Parental authority may be temporarily or permanently suspended, and in such cases, children are entitled to certain rights established by the Childhood and Adolescence Code.52

In tribunals, children are required to appear accompanied by a curator appointed by the judge.53 This power granted to the judge appears to be a regular practice in cases where children go to court in defence of their rights.54 Curators are typically appointed for a case where there is a lack of means or in the case where there is a child with no parents.

D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?

The legal definition of “environmental damage” is “any significant loss, reduction or detriment which is inflicted upon the environment.”55 Under the Environmental Law, MofE is tasked with promulgating conditions and restrictions related to use and handling of chemical substances and substances that affect the ozone layer, setting maximum limits for the release of materials into the air, establishing mitigation measures for climate change and emissions of greenhouse gases, adopting regulations governing waste, establishing measures to monitor and conserve biodiversity and control genetically modified organisms.56 Acts that contravene the standards established in the law and regulations are considered acts that cause “serious predation, destruction or contamination” of the environment and are therefore in violation of the Environmental Law.57

According to doctrine and jurisprudence, the claimant in an environmental suit must give evidence that “there has been a harmful act, that the act has caused real harm (not potential or eventual damage), that there is a direct link between such act and the harm caused, and that the party has acted fraudulently or with severe negligence.” Therefore, liability is not based on risk – rather, the claimant must prove that the defendant acted with the full intention of causing the damage, or with severe negligence.58

E. What limitation periods apply in environmental cases?

The primary laws relating to protection of the environment do not state whether any limitations period may apply to an environmental case. Nevertheless, there are time periods regulated by civil and criminal legislation. In civil matters, the non-contractual responsibility or tort liability regime establishes a 4 year limit for the exercise of civil action from the moment the damage occurs according to art. 1332 of the Civil Code,59 while in criminal matters the time for the prescription of the only environmental crime of Uruguayan legislation (the introduction of any hazardous waste in any form into areas under national jurisdiction) is 15 years, according to the general rules of crime prescription regulated in the Criminal Code.60

F. Is legal aid available in environmental cases? If so, under what circumstances?

Uruguayan law does not establish any exemptions from liability to pay costs when pursuing environmental litigation.61

 
 

III. Remedies

A. What remedies are courts empowered to impose in environmental cases?

In Uruguay, courts may render a judgement containing an order directed at an individual or an authority for executing or suspending a certain action.62 The judge may also, by request or ex officio, impose pecuniary sanctions.63 This is a sanction established in advance, in case of noncompliance with the judgement.64 This sanction is independent of the potential existence of damages, therefore this latter action may be demanded in other judicial proceedings, such as a claim for payment of damages before the civil courts.65 The Supreme Court has the power to declare the unconstitutionality of a law or regulation. This results in the law or regulation being inapplicable in the specific case.

B. What remedies have courts ordered in environmental cases to date?

Local courts have ordered the following remedies: monetary damages, the suspension of regulatory acts and determinations,67 awards for lost profits68 and orders directing the execution or suspension of certain actions (amparos).69

In case IUE No. 25-4/201070; Court of Civil Appeals, No. 5, the court cited the provisions of judgement 59/2008 of the Court of Civil Appeals, No.2:

"... the environment must be protected and when, as it was alleged in the complaint, the administration fails to fulfil its obligations causing damages, the Judiciary has the power to order adjustments to rights, to prohibit illegal activity (more precisely, to order in natura reparation that will endeavour to "purely and simply erase the damage") as well as to declare the civil liability that may be applicable (monetary judgments, with the difficulties inherent in evaluating the price of nature, and where the application of the principle of free disposition of the reparation must be clarified – destined to the restoration or preservation of the natural heritage).”

C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?

The Public Ministry (Ministerio Público) may file complaints and impose fines for damages to the environment against the State and has done so in certain cases.71 In fact, according to Art. 28 of the General Code of Procedure,72 the Public Ministry has the faculty to act as part of the procedure when it comes to diffuse interest. In addition, MofE is the primary agency responsible for administering and enforcing environmental laws in Uruguay.73 One avenue of bringing an environmental case is by filing a complaint before the MofE. Additionally, under the Environmental Law, the MofE may delegate the administration and enforcement of environmental regulations to departmental or local authorities.74

Another administrative authority that has competence in environmental issues is the National Direction of Rural Security of the Ministry of Homeland. According to the Regulation of the National Direction of Rural Security, this institution has the authority to carry out actions aimed at preserving the environment, combating pollution, as well as the destruction or damage to indigenous flora and forests that are protected or in danger of extinction and to help with environmental care and essential resources such as: energy, land space, water, food resources, biodiversity, transportation and communication routes.75

 
 

IV. Civil and political rights

Freedom of peaceful assembly

A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?

The Constitution guarantees the right to peaceful assembly, without arms, except insofar as such right jeopardises health, safety and public order.76 In addition, Uruguay is a signatory to, and has ratified, the UNCRC, which provides that states must “recognise the rights of the child to freedom of association and to freedom of peaceful assembly” and “[n]o restrictions may be placed on the exercise of these rights 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 (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others”.77

B. Are there any legal limitations on the right of children to engage in peaceful assemblies?

Uruguayan legislation does not specify restrictions on the right to engage in peaceful assembly applicable solely to children.

C. What penalties can be imposed on children for engaging in school strikes?

Uruguayan legislation does not specify penalties that may be imposed on children for engaging in school strikes.

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 Constitution protects the expression of opinions on any subject by word of mouth, private writing, publication in the press, or by any other method of dissemination, without prior censorship. However, the author, printer or publisher may be held liable for abuses they commit.78 The Childhood and Adolescence Code recognises that all children and adolescents enjoy the inherent rights to the human person, including constitutional rights, and includes “participation” as an essential right.79 Furthermore, Uruguay has adopted the UNCRC, which states that children shall have the right to freedom of expression, which includes the freedom to seek, receive and impart information and ideas of all kinds through any media of the child’s choice.80 The UNCRC provides that a child’s right to freedom of expression may be subject to certain restrictions, but such restrictions should only be as provided by law and as necessary to respect the rights or reputations of others, or for the protection of national security, public order, or public health or morals.81

B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?

Uruguayan legislation does not specify restrictions on the freedom of expression applicable solely to children.

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?

The Constitution guarantees the right to freedom of association, for any purpose whatsoever, provided they do not form an association that the law has declared unlawful.82 Since Uruguay is a signatory to, and has ratified the UNCRC, the State must “recognise the rights of the child to freedom of association and to freedom of peaceful assembly”. As stated previously, “[n]o restrictions may be placed on the exercise of these rights 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 (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others”.83

In addition, the Childhood and Adolescence Code establishes as essential rights, the rights of every child to “life, dignity, freedom, identity, integrity, image, health, education, recreation, rest, culture, participation, association (emphasis added), to the benefits of social security and to be treated equally regardless of sex, religion, ethnicity or social status.”84 The Childhood and Adolescence Code provides that a child shall be deemed any human being aged 13 or less, and an adolescent shall be deemed any human being aged between 13 and 18 years of age.85

B. Are there any legal limits or restrictions on the right to association that specifically apply to children?

Uruguayan legislation does not specify restrictions on the right to association applicable solely to children.

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?

Neither the Constitution nor the Childhood and Adolescence Code specifically protect a general right to access information, although the right to education is included in Articles 41 and 71 of the Constitution and Articles 9 and 10 of the Childhood and Adolescence Code. The Childhood and Adolescence Code includes references to specific types of information, including health information.86

Law No. 18,381 of 17 October 2008 on the Right to Access Public Information (Ley sobre el Derecho de Acceso a la Información Pública) and Law No. 19,178 of 18 December 2013 on amendments to the Law on the Right to Access Public Information, regulated by Decree No. 232/010, establish and regulate the right to access public information.87 Article 3 of the Law on the Right to Access Public Information provides that "access to public information is a right of all persons, without discrimination based on nationality or the character of the applicant, and is exercised without the need to justify the reasons for which the information is requested".88

Article 13 of the UNCRC (which Uruguay has signed and ratified) states that the child shall have the right to freedom of expression, and that such right includes the freedom to seek, receive and impart information and ideas of all kinds in any medium. As noted above, the UNCRC provides that a child’s right to freedom of expression may be subject to certain restrictions, but such restrictions should only be as provided by law and as necessary to respect the rights or reputations of others, or for the protection of national security, public order, or public health or morals.89 Further, the UNCRC encourages States to disseminate information and material beneficial to the child from a variety of sources as well as in a manner that is both appropriate for and accessible to the child.90

B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?

Uruguayan legislation does not specify restrictions on the right to access information applicable solely to children.

The Decree No. 232/010 regulating Law No. 18,381 of 17 October 2008 on the Right to Access Public Information (Ley sobre el Derecho de Acceso a la Información Pública) establishes limits to the right to access public information when it is "reserved, confidential and secret information",91 as detailed in Articles 9, 10 and 11 of Law on the Right to Access Public Information. The Law also establishes limits to this right in Article 14.

C. Does the national curriculum for schools include environmental education?

While environmental education is not currently included in the formal curriculum in Uruguay, inclusion of the environment is a stated priority within the General Education Law of Uruguay (Ley General de Educación) (Law No. 18,437).92 Article 3 of the General Education Law states that education will be oriented to, among other things, respect for the environment.93 Additionally, Article 24 notes that initial education (for children aged 3, 4, and 5) will promote knowledge of the natural world, and Article 40 describes cross-cutting themes in the National Education System, one of which is environmental education for sustainable human development, in order to promote attitudes and behaviours that improve the relationship between humans and the environment and to develop skills for sustainability.94 The National Network of Environmental Education (a division of the government created in 2005) has released a proposal for the implementation of environmental education (pursuant to Article 40 of the General Education Law) as part of the national curriculum.95 Further, there is at least one public school (Public School No. 294) that teaches environmental sustainability, including lessons on farming, recycling and water conservation.96

***

End notes

1 Uruguay: Constitución de la República (2004). Available here.


2 Ley Nº 17.283 Declarase de Interés General, de Conformidad con lo Establecido en el Artículo 47 de la Constitución de la República, que Refiere a la Protección del Medio Ambiente (Law No. 17.283 Declaration of General Interest, in Accordance with the Established in Article 47 of the Constitution of the Republic, which Refers to the Protection Environment). Available here.


3 Court cases for Uruguay are available through the search engine here. Please note that direct links to cases are not available.


4 Ley N° 16.466 Ley de Evaluación del Impacto Ambiental (Law No. 16,466 Environmental Impact Assessment Law). Available here.


5 Supra Note 1, Article 7: “right to enjoyment of life, honour, liberty, security, labour and property”, Article 72: “the enumeration of rights, obligations and guarantees in the Constitution does not exclude other rights, obligations or guarantees that are inherent to human life or derived from republican forms of government”, and Article 332: “constitutional principles will be applied regardless of whether a law regulating such rights exists”. Available here.


6 Ibid.


7 Supra Note 4.


8 Ley N° 17.234 Declaración de Interés General. Sistema Nacional de Áreas Naturales Protegidas (Law No. 17,234 Declaration of General Interest. National System of Natural Protected Areas). Available here.


9 Ley de Política Nacional de Aguas. Principios Rectores (Law No. 18,610 establishing the Guiding principles for a National Waters Policy). Available here.


10 Decreto N° 253/979 Aprobación de Normativa para Prevenir la Contaminación Ambiental, a través del Control de las Aguas (Decree No. 253/979 Approval of Regulations to Prevent Environmental Pollution, through Water Control). Available here.


11 Reglamento de Evaluación de Impacto Ambiental y Autorizaciones Ambientales (Environmental Impact Assessment Regulations and Environmental Authorisations). Available here.


12 Decreto N° 586/009 Reglamentación sobre Residuos Sanitarios (Decree No. 586/009 Regulation on Sanitary Waste). Available here.


13 Decreto N° 373/003 Regulación del Manejo y Disposición de Baterías de Plomo y Ácido Usadas o a Ser Desechadas (Decree No. 373/003 Regulation of the Management and Disposal Lead-Acid Batteries to be Used or Discarded). Available here.


14 Decreto N° 154/002 Prohibición de Comercialización de Productos que Contengan Amianto o Asbesto (Decree No. 154/002 Prohibition of Commercialisation of Products Containing Asbestos). Available here.


15 Global Legal Group, The International Comparative Legal Guide to Environment & Climate Change Laws and Regulations: Uruguay (2020). Available here.


16 See the text of the proposed bill (in Spanish): here.


17 Resolución S/F/008 DGSA - Prohíbense las aplicaciones aéreas de productos fitosanitarios en todo tipo de cultivo a una distancia inferior a 50 metros del límite del predio de escuelas rurales (Resolution S/F/008 DGSA - by which aerial applications of phytosanitary products are prohibited in all types of crops at a distance of less than 50 meters from the boundary of the rural schools property). Available here.


18 Resolución N° 188/011 del MGAP- 25/11/2011- Distancias de aplicaciones en cercanías a centros educativos. (Resolution No. 188/011 of the MGAP- 11/25/2011- Distances of applications in the vicinity of educational centres). Available here.


19 Ley 17.775. Declaración de interés general. Regulación de la contaminación por plomo (Law 17,775. Declaration of general interest. Regulation of lead pollution). Available here.


20 Decreto 69/011 Reglamento sobre las limitaciones al contenido de plomo en pinturas y barnices. (Decree 69/011 Regulation on limitations on lead content in paints and varnishes). Available here.


21 J. Cataldo, Informe Final Inventario de Emisiones Atmosféricas 2015 (April 2019). Available here.


22 United Nations General Assembly, A/Conf.151/26 (Vol. I) Report of the United Nations Conference on Environment And Development (August 1992). Available here.


23 The United Nations Framework Convention on Climate Change, FCCC/INFORMAL/84 GE.05-62220 (E) 200705. Available here.


24 The Vienna Convention for the Protection of the Ozone Layer. Available here.


25 The Convention on Biological Diversity. Available here.


26 The Stockholm Convention. Available here.


27 The Kyoto Protocol to the United Nations Framework Convention on Climate Change (1998). Available here.


28 Ley N° 19.889 Aprobación de la Ley de Urgente Consideración (Law No. 19,889 Passing of Urgent Consideration Law). Available here.


29 Supra Note 2.


30 Ibid., Article 8.


31 Art. 295 inciso final, Ley 19.889, de Urgente Consideración (Art. 295 final paragraph, Law No. 19,889, Declaration of Urgent Consideration). Available here.


32 See, Poder Judicial Uruguay - Courts and Tribunals. Available here. See also the Description of the Judicial System of Uruguay. Available here.


33 Ley N° 16.466 Ley de Evaluación del Impacto Ambiental (Law No. 16,466 Environmental Impact Assessment Law). Available here.


34 Ibid, Article 4.


35 Ibid.


36 Ley N° 16.112 Creación Del Ministerio de Vivienda Ordenamiento Territorial y Medio Ambiente. Ministerio De Vivienda y Ordenamiento Territorial (Law No. 16,112 Creation of the Ministry of Housing Land Planning and Environment. Ministry of Housing and Territorial Planning). Available here; Ley N° 16.170 Presupuesto Nacional de Sueldos, Gastos e Inversiones. Ejercicio 1990 - 1994 (Law No. 16,170 National Budget for Salaries, Expenses and Investments. Year 1990 - 1994). Available here; Supra Note 33; Ley N° 16.688 Medio Ambiente - Ecología (Law No. 16,688 Environment - Ecology). Available here; Supra Note 29.


37 Ley N° 17.220, Medio Ambiente. Desechos Peligrosos (Law No. 17,220 Environment. Hazardous Waste). Available here.


38 Ibid. Article 9.


39 Supra Note 15, Part 4.1. Available here; Camila Méndez, Más allá de las multas: ¿los delitos contra el ambiente se incorporarán al Código Penal? (La Diaria 2022), available here.


40 Ibid., Article 6(D).


41 Código General Del Proceso, Ley N° 15.982 (General Code of Procedure No. 15,982). Available here.


42 Article 295, Ley Nº 19.889 (Law No. 19,889). Available here.


43 Supra Note 15, Part 8.5.


44 Ibid.


45 Arts. 79, 80, 81, 81 bis, Código del Proceso Penal, Ley 19.293 (Law 19,293 Code of Criminal Procedure). Available here.


46 Código de la Niñez y la Adolescencia Ley Nº 17.823 (Childhood and Adolescence Code Law No. 17,823). Available here.


47 Article 8, Código de la Niñez y la Adolescencia Ley Nº 17.823 (Childhood and Adolescence Code Law No. 17,823). Available here.


48 The United Nations Convention on the Rights of the Child. Available here.


49 Article 280(2), Código Civil N° 16603 (The Civil Code Law No. 16,603). Available here.


50 Article 8 of the Childhood and Adolescence Code in relation to Article 431 of the Civil Code.


51 Article 280(2) of the Civil Code and Article 32 and 33 of the Civil Procedure Code.


52 Código de la Niñez y la Adolescencia Ley Nº 17.823 (Childhood and Adolescence Code Law No. 17,823). Available here.


53 Article 283 of the Civil Code and Article 32 of the Civil Procedure Code.


54 Child Rights International Network (CRIN), Access to Justice - Uruguay Country Report, published September 2015. Available here.


55 Supra Note 2, Article 3.


56 Ibid., Chapter III.


57 Supra Note 54.


58 Supra Note 15, Part 4.1.


59 Art. 1332, Código Civil (Civil Code). Available here.


60 Supra Note 45, Art. 9; Art. 117.1(b), Código Penal (Criminal Code). Available here.


61 Supra Note 15, Part 8.6.


62 Article 9, Ley Nº 16.011 Acción de Amparo (Law No. 16,011 Amparo Law). Available here.


63 Decreto Ley N° 14.978 Procesos Judiciales. Ejecución de Sentencias. (Law No. 14,978 on Judicial Procedures and Decisions), authorises judges to impose pecuniary sanctions. Its aim is to force the parties to comply with the judgements. Available here.


64 Supra Note 61.


65 Supra Note 62, Article 2.


66 Court Judgement No. 212/2012, Court of Civil Appeals, No. 6: failure by the Ministry of Transportation and Public Works (Ministerio de Transporte y Obras Públicas or “MTOP”), MVOTMA, and the Department of Canelones (Intendencia de Canelones or “IMC”) to adopt the necessary measures to prevent erosions of the coastal strip of the Balneario La Floresta, which caused monetary and non-monetary damages to the plaintiffs; Court Judgement No. 213/2012, Court of Civil Appeals, No. 6: monetary award made to the plaintiff for damages suffered on property.


67 Court Judgement No. 71/2017, Court of Civil Appeals, No. 7: the court ordered the suspension of the effects of certain resolutions issued by DINAMIGE that adversely affected the rights of the plaintiff to access clean water.


68 Court Judgement No. 100/2012, Court of Civil Appeals, No. 6: the court affirmed a judgement for consequential damages, lost profit, damages and interest, for contamination of land, including forests and animals, caused by a fumigation company.


69 Court Judgement No. 200/2012, Court of Civil Appeals, No. 6: the court revoked the expiration of the amparo action and ordered the closure of the restaurant in question until it received certification of compliance with environmental noise regulations).


70 DFA-0004-000527/2014. Available here.


71 DFA-0009-000221/2014 SEF-0009-000100/2014, Court of Civil Appeals, No. 4:The Public Ministry filed a claim against the State seeking to prevent certain equestrian or horse riding activities that were alleged to cause negative environmental impacts on the coastal habitat; Court Judgement No. 37/2011, Court of Civil Appeals, No. 6: The Public Ministry sought an order preventing the development of a certain area to ensure the protection of the environment.


72 Supra Note 41, Arts. 28 and 42.


73 Supra Note 36, Article 3.


74 Supra Note 2, Article 8.


75 Decreto 294/020 por el que se aprueba el Reglamento de la Dirección Nacional de Seguridad Rural (Decree 294/020, which approves the Regulation of the National Direction of Rural Security). Available here.


76 Supra Note 1, Article 38.


77 Supra Note 48, Article 15.


78 Supra Note 1, Article 29.


79 Supra Note 46, Article 8 and 9.


80 Supra Note 48, Article 13.


81 Ibid.


82 Supra Note 1, Article 39.


83 Supra Note 48, Article 15.


84 Supra Note 46, Article 9.


85 Ibid., Article 1.


86 Ibid., Article 11.


87 Available here, here, and here.


88 Ibid.


89 Supra Note 48, Article 13.


90 Ibid., Article 17 and 29.


91 Supra Note 87.


92 Ley General de Educación Ley 18.437 (General Education Law of Uruguay Law No. 18,437). Available here.


93 Ibid., Article 3.


94 Ibid., Article 24 and 40.


95 National Plan of Environmental Education - Framework Document (2016). Available here.


96 Uruguay School Teaches Students to Protect the Environment, VOANews.com (9 March 2017). Available here.