Citizen Standing in India
The 1998 Supreme Court of India’s decision M.C. Mehta v. Union of India and Others has adopted the concept of “citizen standing”. This was done by allowing every citizen of social action group to seek judicial redress under the Constitution, for legal wrong or a legal injury caused to a person, or group of people, who by reason of poverty or disability or socially or economically disadvantaged position, are unable to approach the court for relief.
Environmental rights and jurisprudence have emerged squarely from the exercise of such citizen standing, which provided the opportunity for concerned citizens and groups to take environmental degradation and injury to the Court. The right of citizens to seek judicial redress for the enforcement of statutory obligations and duties in the interest of environment is now well recognized in India.
Access to Justice in the Philippines
In the landmark case of Oposa v. Factoran (1993) the Supreme Court of the Philippines advanced “The right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”, which it characterized as a “specific fundamental legal right.” On these grounds, the Court recognized the concept of intergenerational responsibility, by ruling that the petitioner’s children can file a class suit for themselves, for others of their generation, and for succeeding generations to preserve the country’s tropical rainforest. “The minors’ assertion of their rights to sound environment constitute the performance of their obligations to ensure the protection of that right for generations to come”. Thus, the plaintiffs succeeded in the case against the Secretary of the DENR to compel him to cancel all timber license agreements in the country, as well as issuing new ones. The basis for this decision was the court’s conclusion that continued felling of trees in Philippines rain forests would lead to deforestation and consequent irreparable damage, not only to those bringing the suit but to future generations as well.
Public Participation and Access to Justice in Canada
In Canada, the Ontario Province Environmental Bill of Rights (1993) establishes the basis for public participation and access to justice in environmental matters for the people of Ontario. The preamble to the legislation states that the people of that province:
- recognize the inherent value of the natural environment;
- have a right to a healthful environment; and
- have a common goal in the protection, conservation and restoration of the natural environment for the benefit of present and future generations.
While the Government has the primary responsibility for achieving this goal, the people should have means to ensure that it is achieved in an effective, timely, open and fair manner.
Part VI of the legislation provides for the “right to sue”. The law states that “where a person has contravened an Act, regulation or instrument prescribed for the purposes of Part V and the actual harm or imminent contravention has caused significant harm to a public resource of Ontario, any persons resident in Ontario may bring an action against the person in the court in respect of the harm and is entitled to judgment if successful.” (Section 84). The law removes certain barriers to bring an action in respect of direct economic loss or direct personal injury resulting from a public nuisance that caused harm to the environment (Section 103).
Access to Justice in Mexico
The Mexican Constitution provides for the right to a healthy environment and the right to a fair lawsuit. Should any of the constitutional rights be violated, any person is entitled to file a defense action before the Supreme Court. (Articles 4, 13, and 14). The Mexican Criminal Code, as amended in 1996, includes a new chapter on environmental transgressions according to which this conducts are criminally sanctioned. According to the Ecological Balance and Environmental Protection Act, the Ministry of the Environment can initiate criminal actions before a Prosecutor. The same right is given to any citizen who becomes aware of environmental crimes.