Environment and Human Rights in Latin America

Abstract

This paper focuses on the human right to live in a healthy environment, addressing the challenges associated with its effective protection. It examines key regional international instruments, from the American Convention on Human Rights and its Additional Protocol on Economic, Social, and Cultural Rights (Protocol of San Salvador), to the 21st-century recognition of environmental access rights, particularly through the Escazú Agreement. The analysis includes a detailed overview of the Escazú Agreement, with special attention to the non-judicial protection role of the Committee to Support Implementation and Compliance, and discusses certain implications for Uruguay. Finally, the paper explores emerging trends in Latin American Constitutional Law, emphasizing normative transformations and the development of case law in this field. This evolution contrasts with the traditional anthropocentric approach to environmental protection and opens the door to ongoing debate and potential legislative or constitutional reforms.