Children's Access to Justice for Environmental Rights | Senegal

This report looks at whether the laws and policies in Senegal make it possible for children to access their environmental rights. 

In Senegal, the Constitution specifically addresses the protection of the environment. It guarantees the right to a healthy environment for everyone, and recognises every citizen’s duty to both preserve the natural resources and the environment of the country, and to work for sustainable development for the benefit of present and future generations. Although neither the Constitutional Court nor the Supreme Court have addressed constitutional rights in the context of environmental cases, national courts have been more active on environmental issues since 2013 following the Almadraba Uno case.

Despite efforts to empower administrative authorities to act on environmental issues at the national, regional and local level, the country ultimately suffers from a lack of financial and human resources and a lack of synergy in its operations. There is no provision for children's rights in the Senegal National Adaptation Plan and, similarly, there is a lack of consideration of children’s rights in climate change mainstreaming into the priorities of the government.

Children in Senegal do not have standing in courts unless they are represented by a legal administrator in civil cases, and by parents, a guardian or the prosecutor in criminal cases. Coupled with the fact that legal aid is still limited, this can hinder children's access to justice.

The rights of children to engage in peaceful assembly, to freedom of expression, to association and to access information are constitutionally protected. Senegal has also ratified the CRC and incorporated the CRC directly into the Preamble of its Constitution. This is particularly relevant to children's rights to information, to protest, and to environmental justice. However, there is a real threat to the right to protest in Senegal, typified by the repeated bans on demonstrations, together with the death of people, including children, during such protests. Authorities have also responded with force to education-related strikes, resulting in injuries to children.

The right to environmental education is recognised by the Environment Code and Senegal’s national educational sector plan establishes environmental education as a “major human capital development goal”. Environmental education for sustainable development is already included in some curriculums, which contributes to educating and training the population on environmental issues.

This report was published in March 2023 and developed with the support of Teresa Amorim from Save the Children. It was finalised based on any feedback from the State. If you would like to learn more, please read the full report below. If you would like to discuss the findings in the report further, or feel the information in the report will be useful in your own campaigning and practice, then please contact us.