Abstract

MUNOZ-AVILA, Lina  and  LOZANO-AMAYA, María Alejandra. Environmental Democracy and the Escazu Agreement in Colombia since the Ecological Constitution of 1991. Rev. Derecho Estado [online]. 2021, n.50, pp.165-200.  Epub Mar 07, 2022. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n50.07.

This article aims to argue that, despite the fact that Colombia has an advanced legal framework regarding the rights of access to information, participation and justice in environmental matters and about environmental rights defenders based on the National Constitution, the major challenges presented by its effective implementation could be overcome through the ratification of the Escazú Agreement on this matter. Thus, this regional instrument would serve as a tool to improve the standards and achieve the protection of the environment in the country. Based on the research carried out, this paper concluded that this treaty is completely compatible with the Political Constitution and is a potentiator of the constitutional mandate. Its ratification would constitute a step towards the strengthening of several structural axes of the Constitution of 1991 and would demonstrate coherence between them. In this way, the legal implementation of the Escazú Agreement is a unique opportunity to reaffirm the commitments contained in the Ecological Constitution, thirty years after its promulgation.

Keywords : Environmental democracy; environmental information; public participation; environmental justice; environmental human rights defenders; Ecological Constitution; Escazú Agreement.

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