Children's Access to Justice for Environmental Rights | Uruguay

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

Environmental rights are set out in Article 47 of the Constitution which 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”. These rights include access to clean water and sanitation; rights which are also complemented by the General Law for the Protection of the Environment, as well as various other laws and decrees related to environmental rights or childhood exposure to toxic substances. Violations of environmental laws or permits can result in civil, criminal or administrative liability. However, liability is not based on risk (potential or eventual damage) - rather, the claimant must prove a direct causal link and that the defendant acted with the full intention of causing the damage, or with severe negligence. 

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. Although both Bills remain pending, they are encouraging legal developments. 

There are very few cases involving children and the violation of environmental rights. Of the few environmental cases that exist, local courts have focused on the right to access resources necessary for life, such as shelter, food and water. An approximate legal concept related to intergenerational equity can be found in art. 1(g) of the Environmental Protection Law, however the principle has not been considered by the courts.

In the Civil Code, children are not deemed to have ‘legal capacity’. However, the Childhood and Adolescence Code recognises that all children and adolescents enjoy the rights inherent to the human person, and states that children and adolescents may go to the courts to defend their rights, with the assistance of a lawyer.

The rights of children to engage in peaceful assembly, to freedom of expression and to association are constitutionally protected. Uruguayan legislation does not seem to specify restrictions on these rights applicable solely to children. Neither the Constitution nor the Childhood and Adolescence Code specifically protect a general right to access information, although the right to education is explicitly protected. Uruguay has also signed and ratified the UNCRC which also offers protection for these fundamental rights. 

Environmental education is not currently included in the formal curriculum, but it is stated as a priority within the General Education Law of Uruguay.

This report was published in April 2023 and developed with the support of Daniel Rodrigo Zubillaga Puchot. 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.