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Italy

Italy

The Constitution of the Italian Republic (1947)

May 52022

Fundamental Principles, Article 9:

“The Republic promotes the development of culture and of scientific and technical research. It safeguards natural landscape and the historical and artistic heritage of the Nation.”

Title V, Article 117(s):

“Legislative powers shall be vested in the State and the Regions in compliance with the Constitution and with the constraints deriving from EU legislation and international obligations. The State has exclusive legislative powers in the following matters:…s. protection of the environment, the ecosystem and cultural heritage.”

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Comoros

Comoros

Constitution of the Union of the Comoros (2018)

May 252021

Title II, Chapter II, Section III, Article 43:

“All citizens have the right to a healthy and ecologically stable environment, as well as having a duty to protect and conserve it. The State and the communities must adopt policies of defense and of environmental protection with the collaboration of environmental protection groups and see to the rational utilization of all natural resources.”

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Rwanda

Rwanda

Constitution of the Republic of Rwanda (2003)

May 242021

Chapter IV, Section One, Article 22:

“Everyone has the right to to live in a clean and healthy environment.”

Chapter V, Article 53:

“…The State ensures the protection of the environment. A law determines modalities for protecting, conserving and promoting the environment.”

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Gabon

Gabon

Constitution of Gabon (1991)

May 242021

Article 1(8):

“The State, according to its means, guarantees to all, notably to children, mothers, the handicapped, aged workers and the elderly the protection of health, social security, a preserved natural environment, rest and leisure;”

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Algeria

Algeria

Constitution of the Republic of Algeria (2020)

May 242021

Title II, Chapter I, Article 64:

“The right to obtain safe drinking water shall be guaranteed. The State shall ensure the rational usage and preservation of water for future generations.”

Title II, Chapter I, Article 67:

“Citizens shall have the right to a healthy environment within a framework of sustainable growth.

The State shall work towards preserving the environment.

The law shall determine the obligations of natural and legal persons pertaining to the protection of the environment.”

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Guerrero

Guerrero

Political Constitution of the Free and Sovereign State of Guerrero (1918)

January 162019

Title 1, Article 2:

“The precautionary principle will be the basis of economic development and the State should guarantee and protect the rights of nature in respective legislation.”

*The Constitution of Guerrero was amended in 2014 to include the above article.

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Thailand

Thailand

Constitution of the Kingdom of Thailand (2017)

December 62018

Chapter III, Section 43, Article 2:

“A person and community shall have the right to: … manage, maintain and utilise natural resources, environment and biodiversity in a balanced and sustainable manner, in accordance with the procedures as provided by law.”

Chapter IV, Section 57, Article 2:

“The state shall: … conserve, protect, maintain, restore, manage and use or arrange for utilisation of natural resources, environment and biodiversity in a balanced and sustainable manner, provided that the relevant local people and local community shall be allowed to participate in and obtain the benefit from such undertaking as provided by law.”

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Acre

Acre

Constitution of the State of Acre (1989)

December 272017

Chapter VI, Section IV, Article 206:

“Everyone has the right to an ecologically balanced environment, with the Public Power, together with community, defending and preserving it for present and future generations.

§ 1. In order to guarantee the effectiveness of this right, it is the responsibility of the Public Power:
I – to preserve and restore essential ecological processes and provide for the ecological management of species and ecosystems;
II – to preserve a diversity and integrity of genetic heritage, supervise as entities dedicated to the research and manipulation of genetic material;
III – to define, based on previous studies, areas and their components to be protected, to be altered and suppressed as allowed by law, and any use that compromises the integrity of the attributes that justify its protection is prohibited;
IV – control of the production, commercialization, and use of techniques, methods, and substances that bring risks to lives and quality of life and environment;
V – to protect the fauna and flora from predatory and devastating species or that subject animals to cruelty;
VI – to preserve rivers, lakes, and streams of polluting actions that may alter the habitat of the species;
VII – supervise the use and commercialization of fertilizers, pesticides, or similar products that compromise soil quality, associated life, and man; and
VIII – prohibit the use of soil, subsoil, and water sources for the purpose of depositing atomic waste or similar, not territorial territory of the State.

§ 2. All who extract mineral resources are required to ensure the recovery of the degraded environment, using a technique determined by the competent public agency in the form of the law.

§ 4. Those whose activities and behaviors are harmful to the environment will be subject to criminal and administrative sanctions, and will be required to repair the damage caused.

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Thuringia

Thuringia

Constitution of the Free State of Thuringia (1993)

December 72017

Part I, Section IV, Article 31:

“(1) The protection of the natural foundations of human life is the task of the Free State and its inhabitants.

(2) The natural balance and its functionality must be protected. The native animal and plant species as well as particularly valuable landscapes and areas are to be preserved and put under protection. The country and its local authorities aim to eliminate or compensate for human-caused environmental damage as far as possible.

(3) Use natural resources and energy sparingly. The state and its local authorities promote an environmentally sound energy supply.

Part I, Section IV, Article 33:

“Everyone has the right to information about the data concerning the natural environment in their habitat and that have been collected by the Free State, as far as legal regulations or rights of third parties are not opposed.

 

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Schleswig-Holstein

Schleswig-Holstein

Constitution of Schleswig-Holstein (2014)

December 72017

Section I, Article 11:

“The natural foundations of life and the animals are under the special protection of the country, the municipalities and associations of municipalities as well as the other public administration.

 

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Saxony-Anhalt

Saxony-Anhalt

Constitution of the Land of Saxony-Anhalt (1992)

December 72017

Part II, Section I, Article 6:

“(2) Everyone has the right to information about the projects and data in the area of ​​public authority, which affect the natural environment in his habitat, as far as not contrary to federal law, legally protected interests of third parties or the well-being of the public. The details are regulated by the laws.

Part II, Section III, Article 35:

(1) The country and local communities protect and nurture the natural foundations of present and future life. They have the effect of sparing raw materials and avoiding waste.

(2) Each individual is obliged to contribute to his efforts.

(3) Damage to the natural environment that has occurred shall, as far as possible, be remedied or otherwise compensated.

(4) The details are regulated by the laws.

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Saxony

Saxony

Constitution of the Free State of Saxony (1992)

December 72017

Section I, Article 10:

(1) The protection of the environment as a livelihood is, also in responsibility for future generations, duty of the country and obligation of all in the country. In particular, the land must protect the soil, the air and the water, animals and plants as well as the landscape as a whole including its growing settlement areas. It has to work towards the economical use and the recovery of raw materials and the economical use of energy and water.

(2) Recognized nature conservation associations have the right to participate in environmentally sound administrative procedures in accordance with the law. They have the right to sue in environmental matters; the closer determines a law.

(3) The State recognizes the right to enjoy natural beauties and recreation in the wild, as far as this does not conflict with the objectives of paragraph 1. Within this framework, the general public should be given access to mountains, forests, fields, lakes and rivers.

Section II, Article 34:

“Each person has the right to information about the data concerning the natural environment in their habitat, as far as they have been collected or stored by the Land and as far as not contrary to federal law, legally protected interests of third parties or overriding concerns of the general public.”

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Saarland

Saarland

Constitution of Saarland (1947)

November 302017

Part I, Section VI, Article 59a:

“(1) The protection of natural resources is entrusted to the special care of the State and of each individual.

It is therefore one of the primary tasks of the state

To protect soil, water and air as natural resources, to remedy or compensate for any damage
to use energy sparingly,
to maintain and permanently improve the efficiency of the natural environment,
protect the forest and repair and compensate for any damage
to preserve and preserve the native animal and plant species.

(2) The law determines the necessary ties and duties, it arranges the compensation of the public and private interests concerned and regulates the state and municipal tasks.

(3) Animals are respected and protected as creatures and fellow creatures.”

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Rhineland-Palatinate

Rhineland-Palatinate

Constitution of Rhineland-Palatinate (1947)

November 302017

Part I, Section VII, Article 69:

“(1) The protection of nature and the environment as the basis of present and future life is a duty of the country, the municipalities and associations of municipalities and all people.
(2) Special protection must be given to the soil, air and water. Their use is committed to the general public and future generations.
(3) The sparing use and reuse of raw materials as well as the economical use of energy should be encouraged.”

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North Rhine-Westphalia

North Rhine-Westphalia

Constitution of the Land of North Rhine-Westphalia (1950)

November 302017

Part II, Section IV, Article 29a:

“(1) The principles of a natural way of life and animals shall be under the protection of the Land, the municipalities and the municipal associations.”*

*Article 29a as amended by Act of 03.07.2001 (GV. NRW. p. 456); entered into force on 20 July 2001.

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Mecklenburg-Vorpommern

Mecklenburg-Vorpommern

Constitution of the Land Mecklenburg-Vorpommern (1993)

November 302017

Section I, Part II,  Article 6:

“(3) Everyone has the right of access to information about the environment that exists in the public administration.”

Section I, Part III,  Article 12:

“(1) Land, municipalities and districts as well as the other public administration authorities protect and maintain the natural foundations of current and future life and the animals within the scope of their responsibilities. They have an effect on the economical use of natural goods.

(2) Land, municipalities and districts protect and care for the landscape with its natural beauties, forests, corridors and avenues, the inland waters and the coast with the lagoon and Bodden waters. Free access to them is guaranteed.

(3) Everyone is required to contribute to the achievement of the objectives of paragraphs 1 and 2. This applies in particular to agriculture, forestry and water management in their importance for landscape management.

(4) Interventions in nature and landscape should be avoided, damages from unavoidable interventions should be compensated, and any damage already incurred should, as far as possible, be remedied.

(5) The details are regulated by law.

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Hesse

Hesse

Constitution of the State of Hesse (1946)

November 242017

Part II, Article 26a:

“The natural foundations of human life are under the protection of the state and the communities.”

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Netherlands

Netherlands

The Constitution of the Kingdom of the Netherlands (1814)

November 242017

Chapter I, Article 21:

“It shall be the concern of the authorities to keep the country habitable and to protect and improve the environment.”*

*The Constitution of the Kingdom of the Netherlands was amended in 1983 to include this environmental provision.

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Bremen

Bremen

Constitution of the Free Hanseatic City of Bremen (1947)

November 92017

Part I,  Article 11a:

“(1) State, municipalities and public corporations bear responsibility for the natural foundations of life. Therefore, one of their primary tasks is to protect the soil, water and air, to use natural resources and energy sparingly and to protect and preserve the native animal and plant species and their natural environment.

(2) Damage to the natural balance must be remedied or compensated.”

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Brandenburg

Brandenburg

Constitution of the Land of Brandenburg (1992)

November 92017

Section VIII,  Article 39:

“(1) It is the duty of the Land and all persons to protect nature, the environment and the evolved man-made landscape as the basis for present and future life.

(2) Every person shall have the right to the protection of his physical integrity from injury and unreasonable danger arising from changes in the natural foundations of life.

(3) Animals and plants shall be respected as living beings. Species and species-appropriate habitats shall be preserved and protected.

(4) State environmental policy shall work towards the economical use and reuse of raw materials as well as the economical use of energy.

(5) Land, municipalities, associations of municipalities and other corporations under public law shall have a duty to protect the environment from damage or pollution and to ensure that environmental damage is eliminated or offset. Public and private projects shall require proof of their environmental compatibility. Property may be restricted if, contrary to law, the environment is seriously damaged or endangered by its use.

(6) The disposal of waste that is not created within the territory of the Land shall only be permitted in exceptional cases in consideration of the peculiarities of Berlin, and shall be ruled out insofar as its composition poses a specific danger to health or the environment. Details shall be regulated by a law.

(7) The Land, municipalities and associations of municipalities shall be obliged to collect and document information on current and expected pressures on the natural environment; owners and plant operators have a corresponding duty of disclosure. Every person shall have the right to this information, insofar as this does not conflict with overriding public or private interests. Details shall be regulated by a law.

(8) Legal action instituted by an association in the interests of its members or the public good shall be permitted. Recognised environmental associations shall have the right to participate in administrative procedures that affect the natural foundations of life. Details shall be regulated by a law.

(9) The Land shall work towards the aim that no atomic, biological or chemical weapons are developed, produced or stored on its territory.

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Berlin

Berlin

The Constitution of Berlin (1995)

November 92017

Section II,  Article 31(1):

“The environment and the natural basis of existence shall enjoy the special protection of the Land.

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Baden-Württemberg

Baden-Württemberg

Constitution of Baden-Württemberg (1952)

November 32017

Part II, Article 20a:

“Protection of the Natural Basis of Life and the Animals

The state also protects, in responsibility for future generations, the natural basis of life and the animals within the framework of the constitutional order through the legislation and in accordance with the law and right through the executive authority and the jurisprudence.”

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Bavaria

Bavaria

Constitution of the Free State of Bavaria (1998)

November 12017

Part III, Section II, Article 141:

“(1) The protection of the natural basis of live shall be the duty of each individual and the state community, bearing in mind the responsibility for future generations. Animals shall be respected and protected as living beings and fellow creatures. Natural resources must be treated with care and used economically. One of the paramount tasks of the state, the municipalities and bodies corporate under public law shall also be

to protect ground, water and air as the natural basis of live, to remedy or compensate for any damage which may occur, if possible, and to ensure that energy is used as economically as possible,

to preserve and continuously improve the efficiency of the ecosystem,

to protect the forest due to its particular importance for the ecosystem and to remedy or compensate for any damage which may occur,

to preserve and treat with care the indigenous animal and plant species, their natural habitats as well as characteristic natural sites and landscapes.

(2) It shall be the task of the state, the municipalities and the bodies corporate under public law to protect and care for art, historical and natural monuments and the landscape, to restore degraded artistic and historic monuments to their previous purpose as far as possible, to prevent the outflow of German art treasures to other countries.

(3) The enjoyment of natural beauty and recreation in the outdoors, in particular the access to forests and mountain meadows, the use of waterways and lakes and the appropriation of wild fruit to the extent customary in the respective region shall be permitted to every person. 2 In this respect, every person shall be obliged to treat nature and the landscape with care. 3 The state and the municipalities shall be entitled and obliged to maintain free access to mountains, lakes, rivers and other beautiful sceneries and to create free access by restricting property rights and to create hiking trails and recreational parks, if need be.

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Albania

Albania

Constitution of the Republic of Albania (1998)

October 132017

Part 2, Chapter IV, Article 56:

“Everyone has the right to be informed about the status of the environment and its protection.”

Part 2, Chapter IV, Article 59:

“1. The state, within its constitutional powers and the means at its disposal, aims to supplement private initiative and responsibility with: . . .

d. a healthy and ecologically adequate environment for the present and future generations;

dh. rational exploitation of forests, waters, pastures and other natural resources on the basis of the principle of sustainable development;”

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Palau

Palau

Constitution of the Republic of Palau (1981)

October 132017

Article VI:

“The national government shall take positive action to attain these national objectives and implement these national policies: conservation of a beautiful, healthful and resourceful natural environment; promotion of the national economy; protection of the safety and security of persons and property; promotion of the health and social welfare of the citizens through the provision of free or subsidized health care; and provision of public education for citizens which shall be free and compulsory as prescribed by law.”

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New Mexico

New Mexico

Constitution of the State of New Mexico (1911)

October 132017

Article XX, Section 21:

“The protection of the state’s beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and the general welfare. The legislature shall provide for control of pollution and control of despoilment of the air, water and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people.”*

*This section was added on November 2, 1971.

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Uruguay

Uruguay

Constitution of the Republic of Uruguay (1967)

October 122017

Section II, Chapter II, Article 47:

“The protection of the environment is of general interest. Persons must abstain from any act that causes grave depredation, destruction or contamination to the environment. The law shall regulate this provision and may provide sanctions for transgressors.

Water is a natural resource essential for life.

The access to potable water and the access to sanitation, constitute fundamental human rights.

1. The national policy concerning water and sanitation shall be based on:

a. the ordering of the territory, conservation and protection of the Environment and the restoration of nature.
b. the sustainable management, in solidarity with the future generations, of the hydro resources and the preservation of the hydrological cycle which constitutes [a] matter of public interest. The users and the civil society, shall participate in all the instances of planning, management and control of hydro resources; establishing the hydrological basins [cuencas] as basic unities.
c. the establishment of priorities for the use of water by regions, basins, or parts of them, having the first priority [be] the provision of potable water to the population.
d. the principle that the delivery [prestación] of the services of potable water and sanitation, must have preference for reasons of social order over the economic order.
Any authorization, concession or permission that in any manner infringes the provisions above[,] will be considered of no effect.

2. The surface waters, as well as the subterranean [waters], with the exception of rain water, composing a hydrological cycle, constitute a unitary resource, subordinate to the general interest, that forms part of the public state domain, as public hydraulic domain.

3. The public service of sanitation, and the public service of the provision of water for the human consumer will be provided exclusively and directly by state juridical persons.

4. The law, by three-fifths of the votes of the total of the members of each Chamber, can authorize the supply of water, to another country, when such [country] encounters [the] inability to provide it[,] and for reasons of solidarity.”

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Somalia

Somalia

Provisional Constitution of the Federal Republic of Somalia (2012)

October 122017

Chapter II, Title II, Article 25:

1. Every person has the right to an environment that is not harmful to their health and well-being, and to be protected from pollution and harmful materials.”

Chapter II, Title II, Article 27(1):

“Every person has the right to clean potable water.

Chapter III, Article 45:

“1. The Federal Government shall give priority to the protection, conservation, and preservation of the environment against anything that may cause harm to natural biodiversity and the ecosystem.

2. All people in the Federal Republic of Somalia have a duty to safeguard and enhance the environment and participate in the development, execution, management, conservation and protection of the natural resources and environment.

3. The Federal Government and the governments of the Federal Member States affected by environmental damage shall:

  • a. Take urgent measures to clean up hazardous waste dumped on the land or in the waters of the Federal Republic of Somalia;
  • b. Enact legislation and adopt urgent necessary measures to prevent the future dumping of waste in breach of international law and the sovereignty of the Federal Republic of Somalia;
  • c. Take necessary measures to obtain compensation from those responsible for any dumping of waste, whether they are in the Federal Republic of Somalia or elsewhere;
  • d. Take necessary measures to reverse desertification, deforestation and environmental degradation, and to conserve the environment and prevent activities that damage the natural resources and the environment of the nation.

4. In consultation with the Federal Member States, the Federal Government shall adopt general environmental policies for the Federal Republic of Somalia.”

Chapter V, Title I, Article 52(1e):

“The Federal Government and Federal Member State governments shall ensure that meetings between the Presidents of the Federal Member States and high ranking officials be held regularly to discuss issues that affect their territories, including:

e. The prevention of erosion and the protection of the environment;”

Chapter XV, Title I, Article 133(6b):

“In assigning a drafting project mentioned in Clause (5), the Oversight Committee shall prioritize the project as follows:…

b. Accord high priority to a project that aims at changing the behaviors that constitute a social problem concerning:

  • i. National security, public safety, the protection of basic human rights, or the environment;”
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Honduras

Honduras

Constitution of the Republic of Honduras (1982)

October 72017

Title III, Chapter VII, Article 145:

“The right to the protection of one’s health is hereby recognized. It is everyone’s duty to participate in the promotion and preservation of individual and community health. The State shall maintain a satisfactory environment for the protection of everyone’s health. Consequently, access to water and sanitation are declared to be a human right. Their enjoyment and use shall be equitable with preference to human consumption. Therefore, the preservation of sources of water is guaranteed such that they shall not put life and public health at risk.”

Title V, Chapter X, Article 274:

“The armed forces shall be subject to the provisions of the law establishing them and of the other laws and regulations governing their operation. They shall cooperate with the Secretaries of the Cabinet and other institutions at the order of the same in the tasks of literacy training, education, agriculture, protection of the environment, highways, communications, health, and agrarian reform.”

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Florida

Florida

Constitution of the State of Florida (1968)

September 302017

Article II, Section 7(a):

“It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources.”

 

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New York

New York

New York State Constitution (1894)

February 202017

Article I, Section 19:

“Each person shall have a right to clean air and water, and a healthful environment.” (Added by vote of the people on November 2, 2021.)

Article XIV, Section 1:

“The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. Nothing herein contained shall prevent the state from constructing, completing and maintaining any highway heretofore specifically authorized by constitutional amendment…” 

 

 

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Hawai’i

Hawai’i

The Constitution of the State of Hawaii (1978)

February 202017

Article XI, Section 9:

“Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law.”

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Montana

Montana

The Constitution of the State of Montana (1889)

February 202017

Article II, Section 3:

“All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.”

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North Carolina

North Carolina

North Carolina State Constitution (1971)

February 202017

Article XIV, Section 5:

“It shall be the policy of this State to conserve and protect its lands and waters for the benefit of all its citizenry, and to this end it shall be a proper function of the State of North Carolina and its political subdivisions to acquire and preserve park, recreational, and scenic areas, to control and limit the pollution of our air and water, to control excessive noise, and in every other appropriate way to preserve as a part of the common heritage of this State its forests, wetlands, estuaries, beaches, historical sites, openlands, and places of beauty. To accomplish the aforementioned public purposes, the State and its counties, cities and towns, and other units of local government may acquire by purchase or gift properties or interests in properties which shall, upon their special dedication to and acceptance by a law enacted by a vote of three-fifths of the members of each house of the General Assembly for those public purposes, constitute part of the ‘State Nature and Historic Preserve,’ and which shall not be used for other purposes except as authorized by law enacted by a vote of three-fifths of the members of each house of the General Assembly. The General Assembly shall prescribe by general law the conditions and procedures under which such properties or interests therein shall be dedicated for the aforementioned public purposes.”

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Pennsylvania

Pennsylvania

Constitution of the Commonwealth of Pennsylvania (1968)

February 202017

Article I, Section 27:

“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

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South Carolina

South Carolina

Constitution of the State of South Carolina (1895)

February 122017

Article XII, Section 1:

“Matters of public concern; General Assembly to provide appropriate agencies. The health, welfare, and safety of the lives and property of the people of this State and the conservation of its natural resources are matters of public concern. The General Assembly shall provide appropriate agencies to function in these areas of public concern and determine the activities, powers, and duties of such agencies.”

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Virginia

Virginia

Constitution of Virginia (1971)

February 122017

Article XI, Section 1:

“To the end that the people have clean air, pure water, and the use and enjoyment for recreation of adequate public lands, waters, and other natural resources, it shall be the policy of the Commonwealth to conserve, develop, and utilize its natural resources, its public lands, and its historical sites and buildings. Further, it shall be the Commonwealth’s policy to protect its atmosphere, lands, and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth.”

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Massachusetts

Massachusetts

Constitution of the Commonwealth of Massachusetts (1780)

February 72017

Article XCVII:

The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is hereby declared to be a public purpose.

The general court shall have the power to enact legislation necessary or expedient to protect such rights.

In the furtherance of the foregoing powers, the general court shall have the power to provide for the taking, upon payment of just compensation therefor, or for the acquisition by purchase or otherwise, of lands and easements or such other interests therein as may be deemed necessary to accomplish these purposes.

Lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the general court.”

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Illinois

Illinois

Constitution of the State of Illinois (1970)

February 72017

Article XI, Section 1:

“The public policy of the State and the duty of each person is to provide and maintain a healthful environment for the benefit of this and future generations. The General Assembly shall provide by law for the implementation and enforcement of this public policy.”

Article XI, Section 2:

“Each person has the right to a healthful environment. Each person may enforce this right against any party, governmental or private, through appropriate legal proceedings subject to reasonable limitation and regulation as the General Assembly may provide by law.”

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Ohio

Ohio

Constitution of the State of Ohio (1851)

February 52017

Article VIII, Section 2o:

“It is determined and confirmed that the environmental and related conservation, preservation, and revitalization purposes referred to in divisions (A)(1) and (2) of this section, and provisions for them, are proper public purposes of the state and local governmental entities and are necessary and appropriate means to improve the quality of life and the general and economic well-being of the people of this state; to better ensure the public health, safety, and welfare; to protect water and other natural resources; to provide for the conservation and preservation of natural and open areas and farmlands, including by making urban areas more desirable or suitable for development and revitalization; to control, prevent, minimize, clean up, or remediate certain contamination of or pollution from lands in the state and water contamination or pollution; to provide for safe and productive urban land use or reuse; to enhance the availability, public use, and enjoyment of natural areas and resources; and to create and preserve jobs and enhance employment opportunities.”

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Michigan

Michigan

Constitution of Michigan of 1963

February 12017

Article IV, Section 51:

“The public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. The legislature shall pass suitable laws for the protection and promotion of the public health.”

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Louisiana

Louisiana

Louisiana Constitution of 1974

February 12017

Article IX, Section 1:

“The natural resources of the state, including air and water, and the healthful, scenic, historic, and esthetic quality of the environment shall be protected, conserved, and replenished in so far as possible and consistent with the health, safety, and welfare of the people. The legislature shall enact laws to implement this policy. ”

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Rhode Island

Rhode Island

Constitution of the State of Rhode Island and Providence Plantations (1842)

January 252017

Article I, Section 17:

“The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state, including but not limited to fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and passage along the shore; and they shall be secure in their rights to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values; and it shall be the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration and restoration of the natural environment of the state.”

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Zimbabwe

Zimbabwe

Constitution of Zimbabwe (2013)

October 152016

Chapter 4, Part 2, Article 73:

“1. Every person has the right-  

a. to an environment that is not harmful to their health or well-being; and

b. to have the environment protected for the benefit of present and future
generations, through reasonable legislative and other measures that-

  • i. prevent pollution and ecological degradation;
  • ii. promote conservation; and
  • iii. secure ecologically sustainable development and use of natural resources while promoting economic and social development.

2. The State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the rights set out in this section.”

Chapter 4, Part 2, Article 77:

“Every person has the right to-

a. safe, clean and potable water;” 

*These provisions were promulgated as part of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013, which replaced the 1980 Constitution of Zimbabwe.

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Vietnam

Vietnam

Constitution of the Socialist Republic of Vietnam (1992)

October 122016

Chapter II, Article 43:

“Everyone has the right to life in fresh environment and has the duty to protect the environment.”

Chapter III, Article 63:

“1. The State has a policy to protect the environment; manages, and effectively and stably use natural resources; protects the nature and biodiversity; takes initiative in prevention and resistance against natural calamities and response to climate change.

2. The State encourages all acts of protection of the environment, development and use of new energy and recycled energy.

3. Organizations and individuals who cause environmental pollution, debilitate natural resources and weaken biodiversity shall be strictly dealt with and must be responsible for remedy and compensation for damage.”

*These provisions represent amendments to the 1992 Constitution of the Socialist Republic of Vietnam that were promulgated in 2013.

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Mauritania

Mauritania

Constitution of the Islamic Republic of Mauritania (1991)

October 122016

Title I, Article 19:

“Every citizen must loyally fulfill his obligations towards the national collectivity and respect public property and private property. The citizens enjoy the same rights and the same duties vis-à-vis the Nation. They participate equally in the construction [edification] of the Fatherland and have right, under the same conditions, to sustainable development and to an environment balanced and respectful of health.”

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Zambia

Zambia

Constitution of Zambia (1991)

January 132016

PART XIX, Article 255:

“The management and development of Zambia’s environment and natural resources shall be governed by the following principles: … (l) effective participation of people in the development of relevant policies, plans and programmes; and (m) access to environmental information to enable people preserve, protect and conserve the environment.”

PART XIX, Article 256:

“A person has a duty to co-operate with State organs, State institutions and other persons to-

a. maintain a clean, safe and healthy environment;

b. ensure ecologically sustainable development and use of natural resources;

c. respect, protect and safeguard the environment; and

d. prevent or discontinue an act which is harmful to the environment.”

*These provisions represent amendments to the 1991 Constitution of Zambia and are included in the Constitution of Zambia (Amendment) Act, 2016.

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Nepal

Nepal

Constitution of Nepal (2015)

September 282015

Part 3, 30:

“1. Each person shall have the right to live in a healthy and clean environment.

2. The victim of environmental pollution and degradation shall have the right to be compensated by the pollutant as provided for by law.

3. Provided that this Article shall not be deemed to obstruct the making of required legal provisions to strike a balance between environment and development for the use of national development works.”

Part 3, 35(4):

“Each citizen shall have the right to access to clean water and hygiene.”

Part 4, 51(g):

“The State shall pursue the following policies:…g. Policy regarding the conservation, management and use of natural resources:…5. The State shall pursue a policy of making a sustainable use of biodiversity through the conservation and management of forests, fauna and flora, and by minimizing the negative impacts of industrialization and physical development by promoting public awareness on environmental cleanliness and protection…7. The State shall pursue a policy of adopting appropriate ways of minimizing or stopping negative effects on environment if it is there, or if there is a possibility of such an impact on nature, environment, or biodiversity.”

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Fiji

Fiji

Constitution of the Republic of Fiji (2013)

August 142015

Chapter 2, Article 40:

“1. Every person has the right to a clean and healthy environment, which includes the right to have the natural world protected for the benefit of present and future generations through legislative and other measures.

2. To the extent that it is necessary, a law or an administrative action taken under a law may limit, or may authorise the limitation of, the rights set out in this section.”

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Haiti

Haiti

The Constitution of Haiti (2012)

April 262015

Title VIII, Chapter II, Article 253:

“[A]ny practices that might disturb the ecological balance are strictly forbidden.”

Title VIII, Chapter II, Article 254:

“The State shall organize the enhancement of natural sites to ensure their protection and make them accessible to all.”

Title VIII, Chapter II, Article 257:

“The law specifies the conditions for protecting flora and fauna, and punishes violations thereof.”

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Guatemala

Guatemala

Constitution of the Republic of Guatemala (1993)

April 262015

Title II, Chapter II, Seventh Section, Article 97:

“The State …[is]obliged to promote the social, economic, and technological development that would prevents the pollution of the environment and maintains the ecological balance. All the necessary regulations will be dictated to guarantee that the use of the fauna, [the] flora, [the] land, and [the] water, are conducted rationally, avoiding their depredation.” 

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Ghana

Ghana

Constitution of the Republic of Ghana (1992)

April 262015

Chapter 6, 36(9):

“The State shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek cooperation with other states and bodies for purposes of protecting the wider international environment for mankind.”

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Gambia

Gambia

Constitution of the Republic of Gambia (1997)

April 262015

Chapter 20, 218:

“The State and all the people of The Gambia shall strive to protect, preserve and foster the …natural …heritage of The Gambia.”

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Equatorial Guinea

Equatorial Guinea

Constitution of the Republic of Equatorial Guinea (1995)

April 262015

First Title, Article 6:

“The State…sees to the conservation of nature…of the Nation.”

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El Salvador

El Salvador

Constitution of the Republic of El Salvador (1983)

April 262015

Title II, Chapter II, First Section, Article 34:

“Every child has the right to live in familial and environmental conditions that permit his integral development, for which he shall have the protection of the State.”

Title II, Chapter II, Fourth Section, Article 69:

“[T]he State shall control the quality of food products and the environmental conditions that may affect health and well-being.”

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Cuba

Cuba

Constitution of the Republic of Cuba (2019)

April 262015

Title I, Chapter I, Article 13: 

“The State’s essential objectives include the following: …

e.To promote sustainable development that secures individual and collective prosperity, and to obtain greater levels of equity and social justice, as well as to preserve and to multiply the achievements of the Revolution;…

h.To protect the natural, historical, and cultural patrimony of the nation…”

Title V, Chapter II, Article 75:

“All persons have the right to enjoy a natural environment that is healthy and stable. The State protects the environment and the country’s natural resources. It recognizes their close linkage with the sustainable development of the economy and society to make human life more rational and to ensure the security of current and future generations.”

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China

China

Constitution of the People's Republic of China (1993)

April 262015

Chapter I, Article 9:

“The state ensures the rational use of natural resources and protects rare animals and plants.”

Chapter I, Article 26:

“The state protects and improves the living environment and the ecological environment, and prevents and remedies pollution and other public hazards. The state organizes and encourages forestation and the protection of forests.”

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Cambodia

Cambodia

Constitution of the Kingdom of Cambodia (1993)

April 262015

Chapter V, Article 59:

“The State shall protect the environment and balance of abundant natural resources and establish a precise plan of management of land, water, air, wind, geology, ecological system, mines, energy, petrol and gas, rocks and sand, gems, forests and forestry products, wildlife, fish and aquatic resources.”

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Burundi

Burundi

Constitution of Burundi (2005)

April 262015

Title II, Article 5:

“The State shall ensure the proper management and rational use of natural resources while preserving the environment and conservation of these resources for future generations..”

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Bangladesh

Bangladesh

The Constitution of the People's Republic of Bangladesh (1972)

April 262015

Part II, Article 18(a):

“The State shall endeavor to protect and improve the environment and to preserve and safeguard the natural resources, biodiversity, wetlands, forests and wild life for the present and future citizens.”

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Andorra

Andorra

The Constitution of the Principality of Andorra (1993)

April 232015

Title II, Chapter V, Article 31:

“The State has the task of ensuring the rational use of the soil and of all the natural resources, so as to guarantee a befitting quality of life for all and, for the sake of the coming generations, to restore and maintain a reasonable ecological balance in the atmosphere, water and land, as well as to protect the autochthonous flora and fauna.”

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Afghanistan

Afghanistan

The Constitution of the Islamic Republic of Afghanistan (2004)

April 232015

Chapter 1, Article 15:

“The State shall be obligated to adopt necessary measures to protect and improve forests as well as the living environment.”

 

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Bahrain

Bahrain

Constitution of the Kingdom of Bahrain (2002)

February 272015

Chapter II, Article 9, Section H:

“The State shall take the necessary measures for the protection of the environment and the conservation of wildlife.”

Chapter II, Article 11:

“All natural wealth and resources are State property. The State shall safeguard them and exploit them properly, while observing the requirements of the security of the State and of the national economy.”

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Egypt

Egypt

Constitution of the Arab Republic of Egypt (2014)

July 222014

Chapter II, Section II, Article 46:

“Every individual has the right to live in a healthy, sound and balanced environment. Its protection is a national duty. The state is committed to taking the necessary measures to preserve it, avoid harming it, rationally use its natural resources to ensure that sustainable development is achieved, and guarantee the rights of future generations thereto.”

Chapter III, Article 79:

“Each citizen has the right to healthy, sufficient amounts of food and clean water. The state shall provide food resources to all citizens. It also ensures food sovereignty in a sustainable manner, and guarantees the protection of agricultural biological diversity and types of local plants to preserve the rights of generations.”

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Morocco

Morocco

The Constitution of Morocco (2011)

July 172014

Title II, Article 31:

“The State, the public establishments and the territorial collectivities work for the mobilization of all the means available [disponibles] to facilitate the equal access of the citizens [feminine] and the citizens [masculine] to conditions that permit their enjoyment of the right:…to the access to water and to a healthy environment.”

 

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Tunisia

Tunisia

Constitution of the Tunisian Republic (2014)

July 172014

Title II, Article 44:

“The right to water shall be guaranteed.”

Title II, Article 45:

“The state guarantees the right to a healthy and balanced environment and the right to participate in the protection of the climate. The state shall provide the necessary means to eradicate pollution of the environment.”

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South Sudan

South Sudan

The Transitional Constitution of the Republic of South Sudan (2011)

July 172014

Part III, Chapter I, Article 41:

“1. Every person or community shall have the right to a clean and healthy
environment.” “…4. 
All levels of government shall develop energy policies that will ensure that the basic needs of the people are met while protecting and preserving the environment.”

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Jamaica

Jamaica

Constitution of Jamaica (2011)

July 132014

Charter of Fundamental Rights and Freedoms (2011), Chapter III, Section 13(3):

“The rights and freedoms referred to in subsection (2) are as follows:…
l. the right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage;”

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Dominican Republic

Dominican Republic

Constitution of the Dominican Republic (2010)

July 132014

Title I, Chapter IV, Article 15:

“Water constitutes an inalienable, imprescriptible strategic national patrimony for the use of the public that is not subject to seizure and is essential for life. Human consumption of water takes priority over any other use. The State shall promote the planning and implementation of effective policies for the protection of the water resources of the Nation.”

Title II, Chapter I, Section IV, Article 61(1):

“All persons have the right to integral health. Consequently:

1. The State should safeguard the protection of the health of all persons, access to potable water, improvement of nutrition, sanitation services, hygienic conditions, environmental cleanliness, as well as procure means for the prevention and treatment of all sicknesses, ensuring access to quality medication and giving medical and hospital assistance for free to those who need it.”

Title II, Chapter I, Section IV, Article 67:

“Preventing contamination, protecting and maintaining the environment for the enjoyment of present and future generations constitute duties of the State. Consequently:

1. All people have the right, both individually and collectively, to the use and sustainable enjoyment of natural resources, to live in an environment that is healthy, ecologically balanced, and adequate for the development and preservation of the different forms of life, scenery and nature.

2. The introduction, development, production, tenancy, commercialization, transportation, storage, and use of chemical, biological, nuclear, and agro-chemical weapons that are internationally banned is prohibited, as well as nuclear residues and toxic and dangerous waste.

3. The State shall promote, in the public and private sector, the use of alternative and non-contaminating technologies and energies.

4. In the contracts made by the State or in the permits that it grants that involve the use and exploitation of natural resources, it shall include consideration of the obligation to conserve the ecological equilibrium, the access to technology and its transference, as well as to reestablish the environment to its natural state, if it were to be changed.

5. The public powers shall prevent and control the factors of environmental deterioration, shall impose legal sanctions, the objective responsibility for damages caused to the environment and to natural resources, and shall demand their repair. Additionally, they shall cooperate with other nations in the protection of ecosystems for the length of the marine and land borders.”

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France

France

Constitution of the French Fifth Republic (1958)

July 132014

Charter for the Environment (2004), Article 7:

“Everyone has the right, subject to the conditions and within the limits defined by the law, to have access to the information relating to the environment held by the public authorities…”

“Everyone has the right, subject to the conditions and within the limits defined by the law … to participate in the making of public decisions which have an impact on the environment.”

Charter for the Environment(2005), Article 1:

“Everyone has the right to live in a stable environment which respects health.”

*This provision in the Charter of the Environment was grafted onto the
Constitution of the French Fifth Republic (1958) in 2005, when it gained
the status of a constitutional law.

Charter for the Environment (2004), Article 9:

“Research and innovation shall assist the preservation and utilization of the environment”

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Kenya

Kenya

Constitution of Kenya (2010)

July 132014

Chapter 4, Part 2, Article 42:

“Every person has the right to a clean and healthy environment, which includes the right a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70.”

[Article 70 provides that any person may apply to a court for redress of damage to the environment.]

Chapter 4, Part 2, Article 43:

“1. Every person has the right- … (d.) to clean and safe water in adequate quantities;”

Chapter 4, Part 3, Article 56:

“The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups- … (e.) have reasonable access to water, health services and infrastructure.”

Chapter 5, Part 2, Article 69:

“The State shall— (a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c) protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; (d) encourage public participation in the management, protection and conservation of the environment; (e) protect genetic resources and biological diversity; (f) establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (g) eliminate processes and activities that are likely to endanger the environment; and (h) utilise the environment and natural resources for the benefit of the people of Kenya….”

 

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Turkmenistan

Turkmenistan

Constitution of Turkmenistan (2008)

July 122014

Section II, Article 53:

“Everyone shall have the right to enabling environment for life and health, credible information on its state, compensation of damage caused to health and property as a result of violation of environmental law or natural disasters. The state shall control the rational use of natural resources in order to protect and improve healthy living conditions, as well as conservation of the stable natural environment. Everyone shall be obliged to protect nature, take good care of the environment and natural wealth.”

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Kosovo

Kosovo

Constitution of The Republic of Kosovo (2008)

July 122014

Chapter I, Article 7:

“The constitutional order of the Republic of Kosovo is based on the principles of freedom, peace, democracy, equality, respect for human rights and freedoms and the rule of law, non-discrimination, the right to property, the protection of environment, social justice, pluralism, separation of state powers, and a market economy.”

Chapter II, Article 52(2) and (3):

“2. Everyone should be provided an opportunity to be heard by public institutions and have their opinions considered on issues that impact the environment in which they live.  3. The impact on the environment shall be considered by public institutions in their decision making processes.”

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Maldives

Maldives

Constitution of the Republic of Maldives (2008)

July 122014

Chapter II, Article 23(a):

“Every citizen has the following rights pursuant to this Constitution, and the State undertakes to achieve the progressive realization of these rights by reasonable measures within its ability and resources: a. a healthy and ecologically balanced environment. “

 

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Serbia

Serbia

Constitution of the Republic of Serbia (2006)

July 122014

Part II, Section 2, Article 74:

“Everyone shall have the right to healthy environment and the right to timely and full information about the state of environment.

Everyone, especially the Republic of Serbia and autonomous provinces, shall be accountable for the protection of environment.”

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Montenegro

Montenegro

Constitution of Montenegro (2007)

July 122014

Part 2, Article 23:

“Everyone shall have the right to a sound environment.

Everyone shall have the right to receive timely and full information about the status of the environment, to influence the decision-making regarding the issues of importance for the environment, and to legal protection of these rights.

Everyone, the state in particular, shall be bound to preserve and improve the environment.”

 

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Colombia

Colombia

Constitution of the Republic of Colombia (1991)

July 112014

Title II, Chapter 3, Article 79:

“Every individual has the right to enjoy a healthy environment. . . .”

“. . . The law will guarantee the community’s participation in the decisions that may affect it. . . .”

“. . . It is the duty of the state to protect the diversity and integrity of the environment, to conserve the areas of special ecological importance, and to foster education for the achievement of these ends.”

Title II, Chapter 3, Article 80:

“The State will plan the handling and use of natural resources in order to guarantee their sustainable development, conservation, restoration, or replacement. Additionally, it will have to caution and control the factors of environmental deterioration, impose legal sanctions, and demand the repair of any damage caused. In the same way, it will cooperate with other nations in the protection of the ecosystems located in the border areas.”

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Armenia

Armenia

Constitution of the Republic of Armenia (1995)

July 112014

Chapter 1, Article 12(1):

“The state shall promote the preservation, improvement, and regeneration of the environment, and the reasonable utilization of natural resources, governed by the principle of sustainable development and taking into account the responsibility towards future generations.”

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Democratic Republic of the Congo

Democratic Republic of the Congo

Constitution of the Democratic Republic of the Congo (2005)

July 112014

Title II, Chapter 2, Article 48:

“The right to decent housing, the right of access to drinking water and to electric energy are guaranteed. The law establishes the modalities of the exercise of these rights.”

Title II, Chapter 3, Article 53:

“All persons have the right to a healthy environment and [one] propitious for their integral development.

They have the duty to defend it.

The State sees to the protection of the environment and the health of the population.”

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Iraq

Iraq

Constitution of the Republic of Iraq (2005)

July 112014

Section Two, Chapter One, Article 33:

“First: Every individual has the right to live in safe environmental conditions. Second: The State shall undertake the protection and preservation of the environment and its biological diversity.”

 

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Sudan

Sudan

Constitutional Charter for the Transitional Period of Sudan (2019)

July 112014

Chapter 2, Section 8:

“During the transitional period, state agencies shall be committed to performing the following duties: …

14. Play an active role in social welfare and achieve social development by striving to provide healthcare, education, housing and social security, and work on maintaining a clean natural environment and biodiversity in the country and protecting and developing it in a manner that guarantees the future of generations.”

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Brazil

Brazil

Constitution of the Federative Republic of Brazil (1988)

July 112014

Title II, Chapter I, Article 5, Paragraph LXXIII:

“[A]ny citizen has standing to bring a popular action to annul an act injurious to the public patrimony or the patrimony of an entity in which the State participates … to the environment ….”

Title VIII, Chapter VI, Article 225:

“Everyone has the right to an ecologically balanced environment, which is a public good for the people’s use and is essential for a healthy life. The Government and community have a duty to defend and to preserve the environment for present and future generations.”

Title VIII, Chapter VI, Article 225:

“§1°. To assure the effectiveness of this right, it is the responsibility of the Government to:

I. preserve and restore essential ecological processes and provide for ecological management of species and ecosystems;

II. preserve the diversity and integrity of the Country’s genetic patrimony and to supervise entities dedicated to research and manipulation of genetic material;

III. define, in all units of the Federation, territorial spaces and their components that are to be specially protected, with any change or suppression permitted only through law, prohibiting any use that compromises the integrity of the characteristics that justify their protection;

IV. require, as provided by law, a prior environmental impact study, which shall be made public, for installation of works or activities that may cause significant degradation of the environment;

V. control production, commercialization and employment of techniques, methods and substances that carry a risk to life, the quality of life and the environment;

VI. promote environmental education at all levels of teaching and public awareness of the need to preserve the environment;

VII. protect the fauna and the flora, prohibiting, as provided by law, all practices that jeopardize their ecological functions, cause extinction of species or subject animals to cruelty.

§2°. Those who exploit mineral resources are obligated to restore any environmental degradation, in accordance with technical solutions required by the proper governmental agencies, as provided by law.

§3°. Conduct and activities considered harmful to the environment shall subject the violators, be they individuals or legal entities, to criminal and administrative sanctions, irrespective of the obligation to repair the damages caused.

§4°. The Brazilian Amazonian Forest, the Atlantic Forest, the Serra do Mar, the Pantanal of Mato Grosso, and the Coastal Zone are part of the national patrimony, and they shall be utilized, as provided by law, under conditions assuring preservation of the environment, including use of natural resources.

§5°. Lands necessary to protect natural ecosystems, which are vacant or which have reverted to the States through discriminatory actions, are inalienable.

§6°. Power plants with nuclear reactors shall be located as defined in federal law and may not be installed otherwise.”

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Central African Republic

Central African Republic

Constitution of the Central African Republic (2004)

July 112014

Title I, Article 11:

“The Republic guarantees to every citizen the right to work, to a healthy environment, to rest and to recreation within the conditions established by the law.”

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Mozambique

Mozambique

Constitution of the Republic of Mozambique (2004)

July 92014

Title III, Chapter IV, Article 81:

“1. All citizens shall have the right to popular action in accordance with the law, either personally or through associations for defending the interests in question.

2. The right of popular action shall consist of:

(a) the right to claim for the injured party or parties such compensation as they are entitled to;

(b) The right to advocate the prevention, termination or judicial prosecution of offenses against the public health, consumer rights, environmental conservation and cultural heritage.”

Title III, Chapter V, Article 90:

“1. All citizens shall have the right to live in a balanced environment and shall have the duty to defend it. 

2. The State and the local authorities, with collaboration from associations for environmental protection, shall adopt policies to protect the environment and shall promote the rational use of all natural resources.”

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Bulgaria

Bulgaria

Constitution of the Republic of Bulgaria (1991)

July 92014

Chapter I, Article 15:

“The Republic of Bulgaria shall ensure the protection and reproduction of the environment, the conservation of living Nature in all its variety, and the sensible utilization of the country’s natural and other resources.”

Chapter II, Article 55:

“Everyone shall have the right to a healthy and favorable environment corresponding to established standards and norms. They shall protect the environment.”

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Ukraine

Ukraine

Constitution Of Ukraine (2004)

July 92014

Chapter I, Article 13:

“The land, its mineral wealth, atmosphere, water and other natural resources within the territory of Ukraine, the natural resources of its continental shelf, and the exclusive (maritime) economic zone, are objects of the right of property of the Ukrainian people. Ownership rights on behalf of the Ukrainian people are exercised by bodies of state power and bodies of local self-government within the limits determined by this Constitution.

Every citizen has the right to utilise the natural objects of the people’s right of property in accordance with the law.”

Chapter II, Article 50:

“Everyone has the right to an environment that is safe for life and health, and to compensation for damages inflicted through the violation of this right. Everyone is guaranteed the right of free access to information about the environmental situation, the quality of food and consumer goods, and also the right to disseminate such information. No one shall make such information secret.”

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Guyana

Guyana

Constitution of the Co-operative Republic of Guyana (1980)

July 92014

Chapter XII, Part 2, Title 1, Article 149J:

“1. Everyone has the right to an environment that is not harmful to his or her health or well-being.

2. The State shall protect the environment, for the benefit of present and future generations, through reasonable legislative and other measures designed to-

a. prevent pollution and ecological degradation;
b. promote conservation; and
c. secure sustainable development and use of natural resources while promoting justifiable economic and social development.

3. It shall not be an infringement of a person’s rights under paragraph (1) if, by reason only of an allergic condition or other peculiarity, the environment is harmful to that person’s health or well-being.”

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Costa Rica

Costa Rica

Constitution of Costa Rica (1949)

July 92014

Title V, Article 50:

“The State will procure the greatest well-being to all the inhabitants of the country, organizing and stimulating production and the most adequate distribution [reparto] of the wealth.

All persons have the right to a healthy and ecologically balanced environment. For that, they are legitimated to denounce the acts that infringe this right and to claim reparation for the damage caused.

The State will guarantee, will defend and will preserve this right. The Law will determine the responsibilities and corresponding sanctions.

Every person has the human, basic and non-renounceable right of access to potable water, as an essential material for life. Water is an asset of the nation, essential to protect such human right. Its use, protection, sustainability, conservation and exploitation will be governed by that which the law created for these effects establishes[,] and the supply of potable water for consumption by persons and the populations will have priority.”
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Côte d’Ivoire

Côte d’Ivoire

Constitution of the Republic of Côte d’Ivoire(2000)

July 92014

Title I, Chapter I, Article 27:

“It is recognized that everyone throughout the national territory has the right to a healthy environment. The transit, importation or illegal storage and dumping of toxic waste on the national territory constitute crimes that are not subject to any statute of limitations.”

Title I, Chapter II, Article 40:

“The protection of the environment and the promotion of the quality of life are a duty for the community and for each natural or legal person.

The State is committed to protecting its maritime space, its waterways, its natural parks as well as its historic sites and monuments against any form of degradation.

The State and public communities take the necessary measures to safeguard the fauna and flora.

Where there may be a risk of harm that could seriously and irreversibly affect the environment, the State and public communities are required to assess the potential harm and to adopt the necessary preventive measures by applying the precautionary principle.”

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Georgia

Georgia

The Constitution of Georgia (2003)

July 92014

Chapter One, Article 5(5):

“The State shall take care of environmental protection and the rational use of natural resources.”

Chapter Two, Article 29(1):

“Everyone has the right to live in a healthy environment and enjoy the natural environment and public space. Everyone has the right to receive full information about the state of the environment in a timely manner. Everyone has the right to care for the protection of the environment. The right to participate in the adoption of decisions related to the environment shall be ensured by law.”

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Hungary

Hungary

Fundamental Law of Hungary (2011)

July 92014

“Freedom and Responsibility,” Section 1, Article XX:

“1. Every person shall have the right to physical and mental health.

2. Hungary shall promote the exercise of the right set out in Paragraph (1) by ensuring that its agriculture remains free from any genetically modified organisms, by ensuring access to healthy food and drinking water …as well as by ensuring the protection of the environment.”

“Freedom and Responsibility,” Section 1, Article XXI:

“Hungary shall recognise and give effect to the right of everyone to a healthy environment.”

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Kyrgyz Republic

Kyrgyz Republic

Constitution of the Kyrgyz Republic (2010)

July 92014

Chapter 2, Section 1, Article 48:

“Everyone shall have the right to environment favorable for life and health.”

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Romania

Romania

Constitution of Romania (2009)

July 92014

Title II, Section I, Article 35:

“1. The State recognizes the right of every person to a healthy, well-preserved and balanced environment.

2. The State shall provide the legislative framework for the exercise of such right.

3. Natural and legal persons have a duty to protect and improve the environment.”

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Bolivia

Bolivia

Political Constitution of the State (2009)

July 92014

Preamble:

“A State based on respect and equality for all…and on collective coexistence with access to water…”

Title I, Chapter II, Article 9:

“The following are essential purposes and functions of the State, in addition to those established in the Constitution and the law: To promote and guarantee the responsible and planned use of natural resources, and to stimulate their industrialization through the development and strengthening of the productive base in its different dimensions and levels, as well as to preserve the environment for the welfare of present and future generations.”

Title II, Chapter II, Article 16:

“I. Every person has the right to water…”

Title II, Chapter II, Article 20:

“I. Every person has the right to universal and equitable access to basic services of potable water, sewer systems, electricity, gas services in their domicile, postal, and telecommunications services.

III. Access to water and sewer systems are human rights, neither are the object of concession or privatization, and are subject to a regimen of licensing and registration, in accordance with the law.”

Title II, Chapter V, Section I, Article 33:

“Everyone has the right to a healthy, protected, and balanced environment. The exercise of this right must be granted to individuals and collectives of present and future generations, as well as to other living things, so they may develop in a normal and permanent way..”

Title II, Chapter V, Section I, Article 34:

“Any person, in his own right or on behalf of a collective, is authorized to take legal actions in defense of environmental rights, without prejudice to the obligation of public institutions to act on their own in the face of attacks on the environment.”

 

 

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Timor-Leste

Timor-Leste

Constitution of the Democratic Republic of East Timor/Timor-Leste (2002)

July 92014

Part 1, Article 6(f):

“The fundamental objectives of the State are:…f. to protect the environment and to preserve natural resources.”

Title II, Section 1, Article 61(1):

“All have the right to a humane, healthy, and ecologically balanced environment and the duty to protect it and improve it for the benefit of the future generations.”

 

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Greece

Greece

Constitution of Greece (2002)

July 92014

Part 2, Section 1, Article 24:

“The protection of the natural and cultural environment constitutes a duty of the State and a right of every person. The State is bound to adopt special preventive or repressive measures for the preservation of the environment in the context of the principle of sustainable development. Matters pertaining to the protection of forests and forest expanses in general shall be regulated by law. The compilation of a forest registry constitutes an obligation of the State. Alteration of the use of forests and forest expanses is prohibited, except where agricultural development or other uses imposed for the public interest prevail for the benefit of the national economy.”

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Indonesia

Indonesia

Constitution of the Republic of Indonesia (2002)

July 92014

Chapter X, Section 1, Article 28H(1):

“Every person shall have the right to live in physical and spiritual prosperity, to have a home and to enjoy a good and healthy environment, and shall have the right to obtain medical care.”

Chapter X, Section 13, Article 33(3):

“The land, the waters and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people.”

Chapter X, Section 13, Article 33(4):

“The organisation of the national economy shall be conducted on the basis of economic democracy upholding the principles of togetherness, efficiency with justice, continuity, environmental perspective, self-sufficiency, and keeping a balance in the progress and unity of the national economy.”

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Togo

Togo

Constitution of the IVth Republic (1992)

July 92014

Title II, Subtitle I, Article 41:

“Every person has the right to a healthy environment. The State sees to the protection of the environment.”

 

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Turkey

Turkey

The Constitution of the Republic of Turkey (1982)

July 92014

Part II, Chapter 3, Section 3, Part B, Article 44:

“The State shall take the necessary measures to maintain and develop efficient land cultivation, to prevent its loss through erosion, and to provide land to farmers with insufficient land of their own, or no land.”

Chapter 3, Title VIII, Section A, Article 56:

“Everyone has the right to live in a healthy, balanced environment.”

 

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Congo

Congo

Constitution of the Republic of Congo (2001)

July 82014

Title II, Article 41:

“Every citizen has the right to a healthy, satisfying and durable environment and has the duty of defending it.

The State sees to the protection and the conservation of the environment.”

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Senegal

Senegal

Constitution of the Republic of Senegal (2001)

July 82014

Title 1, Article 8:

“The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably:

right to a healthy [sain] environment
…”

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Croatia

Croatia

Constitution of the Republic of Croatia (2001)

July 82014

Title III, Chapter 3, Article 69:

“Everyone shall have the right to a healthy life.

The State shall ensure conditions for a healthy environment.

Everyone shall be bound, within their powers and activities, to pay special attention to the protection of public health, nature and environment.”

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Czech Republic

Czech Republic

Constitution of the Czech Republic (1993)

July 82014

Chapter I, Article 7:

“The state shall concern itself with the prudent use of its natural resources and the protection of its natural wealth.”

Division 2, Chapter 4, Article 35(1):

“Everyone has the right to a favorable environment.”

Division 2, Chapter 4, Article 35(2):

“Everyone has the right to timely and complete information about the state of the environment and natural resources.”

Division 2, Chapter 4, Article 35(3):

“No one may, in exercising her rights, endanger or cause damage to the environment, natural resources, the wealth of natural species, or cultural monuments beyond the extent designated by law.”

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Mexico

Mexico

Political Constitution of the United Mexican States (1999)

July 82014

Title One, Chapter I, Article 4:

“Any person has the right of access, provision and drainage of water for personal and domestic consumption in a sufficient, healthy, acceptable and affordable manner. The State will guarantee such right and the law will define the bases, subsidies and modality for the equitable and sustainable access and use of the freshwater resources, establishing the participation of the Federation, local governments and municipalities, as well as the participation of the citizens for the achievement of such purposes.”

Title One, Chapter I, Article 27:

“The Nation shall … [take] necessary measures …to prevent the destruction of natural resources.”

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Mongolia

Mongolia

The Constitution of Mongolia (2001)

July 82014

Chapter One, Article 6(1):

“1. The land, its subsoil, forests, water, fauna and flora and other natural resources shall be subject to national sovereignty and State protection.”

Chapter Two, Article 16(2):

“The citizens of Mongolia shall be guaranteed to exercise:…2. The right to a healthy and safe environment, and to be protected against environmental pollution and ecological imbalance.”

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Slovakia

Slovakia

Constitution of the Slovak Republic (2001)

July 82014

Chapter 6, Section 1, Article 44:

“1. Everyone has the right to a favorable environment…” “…4. The state looks after a cautious use of natural resources, protection of agricultural and forest land, ecological balance, and effective environmental care, and provides for the protection of specified species of wild plants and animals.

 

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Venezuela

Venezuela

Constitution of the Bolivarian Republic of Venezuela (1999)

July 42014

Title III, Chapter IX, Article 127:

It is the right and duty of each generation to protect and maintain the environment for its own benefit and that of the world of the future. Everyone has the right, individually and collectively, to enjoy a safe, healthful and ecologically balanced life and environment. The State shall protect the environment, biological and genetic diversity, ecological processes, national parks and natural monuments, and other areas of particular ecological importance. The genome of a living being shall not be patentable, and the field shall be regulated by the law relating to the principles of bioethics.

It is a fundamental duty of the State, with the active participation of society, to ensure that the populace develops in a pollution-free environment in which air, water, soil, coasts, climate, the ozone layer and living species receive special protection, in accordance with law.

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Latvia

Latvia

Constitution of the Republic of Latvia (1998)

July 42014

Chapter VIII, Article 115:

“The state shall protect the right of everyone to live in a benevolent environment, by providing information about environmental conditions and by promoting the preservation and improvement of the environment.”

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North Macedonia

North Macedonia

Constitution of the Republic of Macedonia (1991)

July 42014

Part I, Article 8:

“The fundamental values of the constitutional order of the Republic of Macedonia are:proper urban and rural planning to promote a congenial human environment, as well as ecological protection and development;”

Part II, Section 2, Article 43:

“Everyone has the right to a healthy environment to live in.

Everyone is obliged to promote and protect the environment.

The Republic provides conditions for the exercise of the right of citizens to a healthy environment.”

Part II, Section 4, Article 55:

“…The freedom of the market and entrepreneurship can be restricted by law only for reasons of the defence of the Republic, protection of the natural and living environment or public health.”

Part X, Amendment XVII:

“1. In units of local self-government, citizens directly and through representatives participate in decision-making on issues of local relevance particularly in the fields of public services, urban and rural planning, environmental protection, local economic development, local finances, communal activities, culture, sport, social security and child care, education, health care and other fields determined by law.

2. In the city of Skopje the citizens directly and through representatives participate in decision-making on issues of relevance to the city of Skopje, particularly in the fields of public services, urban and rural planning, environmental protection, local economic development, local finances, communal activities, culture, sport, social security and child care, education, health care and other fields determined by law.”

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Burkina Faso

Burkina Faso

The Constitution of Burkina Faso (1991)

July 32014

Title I, Chapter IV, Article 29:

“The right to a healthy environment is recognized; the protection, the defense and the promotion of the environment are a duty for all.”

Title I, Chapter IV, Article 30:

“Every citizen has the right to initiate an action or to join a collective action under the form of a petition against the acts … affecting the environment or the cultural or historic patrimony.”

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Seychelles

Seychelles

Constitution of the Republic of Seychelles (1993)

July 32014

Chapter 3, Section 38:

“The State recognises the right of every person to live in and enjoy a clean, healthy and ecologically balanced environment and with a view to ensuring the effective realisation of this right the state undertakes –

(a) to take measures to promote the protection, preservation and improvement of the environment;

(b) to ensure a sustainable socio-economic development of Seychelles by a judicious use and management of the resources of Seychelles;

(c) to promote public awareness of the need to protect, preserve and improve the environment.”

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Chad

Chad

Constitution of the Republic of Chad (1996)

July 32014

Title 2, Chapter 1, Article 51:

“Every person has the right to a healthy environment.”

Title 2, Chapter 1, Article 52:

“The State and the Autonomous Collectivities must ensure environmental protection.”

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Cameroon

Cameroon

Constitution of the Republic of Cameroon (1996)

July 32014

Preamble:

“Every person shall have a right to a healthy environment. The protection of the environment shall be the duty of every citizen. The State shall ensure the protection and improvement of the environment.”

Preamble:

“The State shall ensure the protection and improvement of the environment.”

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Azerbaijan

Azerbaijan

The Constitution of the Azerbaijan Republic (1995)

June 302014

Second Part, Chapter III, Article 39, Section 1:

“Everyone has the right to live in a healthy environment.”

Second Part, Chapter III, Article 39, Section 2:

“Everyone has the right to collect information on the environmental situation and to get compensation for damage rendered to the health and property due to the violation of ecological rights.”

Second Part, Chapter III, Article 39, Section 3:

“No one may cause threat or damage to the environment and natural resources beyond the limits set by law.”

Second Part, Chapter III, Article 39, Section 4:

“The state guarantees the preservation of ecological balance and protection of the species of wild plants and animals determined by law.”

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Uganda

Uganda

Constitution of the Republic of Uganda (1995)

June 302014

Preamble, XIII:

“The State shall protect important natural resources, including land, water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.”

Preamble, XIV:

“The State shall endeavour to fulfil the fundamental rights of all Ugandans to social justice and economic development and shall, in particular, ensure that -…

b. all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing, food security and pension and retirement benefits.”

Preamble, XXVII:

“i. The State shall promote sustainable development and public awareness of the need to manage land, air, water resources in a balanced and sustainable manner for the present and future generations.

ii. The utilization of the natural resources of Uganda shall be managed in such a way as to meet the development and environmental needs of present and future generations of Ugandans; and in particular, the State shall take all possible measures to prevent or minimise damage and destruction to land, air and water resources resulting from pollution or other causes.

iii. The State shall promote and implement energy policies that will ensure that people’s basic needs and those of environmental preservation are met…”

Chapter 4, 39:

“Every Ugandan has a right to a clean and healthy environment.”

 

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Finland

Finland

Constitution of Finland (1995)

June 272014

Chapter 2, Section 20:

“Nature and its biodiversity, the environment and the national heritage are the responsibility of everyone.

The public authorities shall endeavour to guarantee for everyone the right to a healthy environment and for everyone the possibility to influence the decisions that concern their own living environment.”

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Norway

Norway

Constitution of the Kingdom of Norway (1990)

June 262014

Part E, Article 112:

“Every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved. Natural resources should be made use of on the basis of comprehensive long-term considerations whereby this right will be safeguarded for future generations as well. In order to safeguard their right in accordance with the foregoing paragraph, citizens are entitled to be informed of the state of the natural environment and of the effects of any encroachments on nature that are planned or commenced. The State authorities shall issue further provisions for the implementation of these principles.”

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Argentina

Argentina

Constitution of the Argentine Nation (1994)

June 32014

Part I, Chapter II, Section 41:

All inhabitants enjoy the right to a healthful, balanced environment fit for human development, so that productive activities satisfy current needs without compromising those of future generations, and have the duty to preserve the environment. Environmental damage shall generate as a priority the obligation to repair it under the terms that the law shall establish.

The authorities shall provide for the protection of this right, for the rational use of natural resources, for the preservation of the natural and cultural patrimony and of biological diversity, and for information and education on the environment.”

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Belgium

Belgium

The Belgian Constitution (1994)

June 32014

Title II, Article 23:

“These rights include notably:…4° the right to enjoy the protection of a healthy environment.”

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Ethiopia

Ethiopia

Constitution of The Federal Democratic Republic of Ethiopia (1994)

March 22014

Chapter Three, Part Two, Article 44(1):

“All persons have the right to a clean and healthy environment.”

Chapter Ten, Article 92:

“1. Government shall endeavor to ensure that all Ethiopians live in a clean and healthy environment.

2. The design and implementation of programmes and projects of development shall not damage or destroy the environment.

3. People have the right to full consultation and to the expression of views in the planning and implementations of environmental policies and projects that affect them directly.

4. Government and citizens shall have the duty to protect the environment.” 

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Moldova

Moldova

Constitution of the Republic of Moldova (1994)

March 22014

Chapter I, Title II, Article 37(1):

“1. Every human being has the right to live in an environment that is ecologically safe for life and
health, to obtain healthy food products and harmless household appliances.”

Chapter I, Title II, Article 37(2):

“2. The State guarantees every person the right of free access to truthful information regarding the state of the natural environment, the living and working conditions and the quality of food products and household goods.”

Chapter I, Title IV, Article 126(2f):

“The State must ensure:…f. the restoration and protection of the environment and the maintenance of ecological balance.”

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Belarus

Belarus

Constitution of the Republic of Belarus (1994)

March 22014

Section II, Article 34:

“Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable, and timely information of the activities of state bodies and public associations … on the state of the environment.”

Section II, Article 34:

“State bodies, public associations and officials shall afford citizens of the Republic of Belarus with an opportunity to familiarize themselves with material that affects their rights and legitimate interests.”

Section II, Article 46:

“Everyone shall be entitled to a conducive environment and to compensation for loss or damage caused by the violation of this right.” 

Section II, Article 46:

“The State shall supervise the rational utilization of natural resources to protect and improve living conditions, and to preserve and restore the environment.” 

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Ecuador

Ecuador

Constitution of the Republic of Ecuador (1984)

March 22014

Title II, Chapter 2, Section 1, Article 12:

“The human right to water is essential and cannot be waived. Water constitutes a national strategic asset for use by the public and it is unalienable, not subject to a statute of limitations, immune from seizure and essential for life.”

Title II, Chapter 2, Section 2, Article 15:

“The State shall promote, in the public and private sectors, the use of environmentally clean technologies and nonpolluting and low-impact alternative sources of energy. Energy sovereignty shall not be achieved to the detriment of food sovereignty nor shall it affect the right to water.”

Title II, Chapter 2, Section 7, Article 32:

“Health is a right guaranteed by the State and whose fulfilment is linked to the exercise of other rights, among which the right to water, food, education, sports, work, social security, healthy environments and others that support the good way of living.”

Title II, Chapter 6, Article 66(2):

“The following rights of persons are recognised and guaranteed:…The right to a decent life that ensures health, food and nutrition, clean water, housing, environmental sanitation, education, work, employment, rest and leisure, sports, clothing, social security and other necessary social services.”

Title II, Chapter 7, Article 71:

“Nature, or Pacha Mama, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes.

All persons, communities, peoples and nations can call upon public authorities to enforce the rights of nature. To enforce and interpret these rights, the principles set forth in the Constitution shall be observed, as appropriate.

The State shall give incentives to natural persons and legal entities and to communities to protect nature and to promote respect for all the elements comprising an ecosystem.”

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Russian Federation

Russian Federation

Constitution of the Russian Federation (1993)

February 242014

Section One, Chapter 1, Article 9:

“Land and other natural resources shall be utilized and protected in the Russian Federation as the basis of life and activity of the people living in corresponding territories.”

Section One, Chapter 2, Article 42:

“Everyone shall have the right to a favorable environment [and] reliable information on the state of the environment and compensation for damage caused to his (her) health and property by violations of environmental laws.”

 

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South Africa

South Africa

Constitution of the Republic of South Africa (1993)

February 232014

Chapter 2, Article 24:

“Everyone has the right –

a. to an environment that is not harmful to their health or well-being; and 

b. to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that – 

  • i. prevent pollution and ecological degradation; 
  • ii. promote conservation; and 
  • iii. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.” 

Chapter 2, Article 27:

“Everyone has the right to have access to – …

b. sufficient food and water;” 

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Angola

Angola

Constitutional Law of the Republic of Angola (1992)

February 182014

Chapter II, Section I, Article 39, Section 1:

“All citizens shall have the right to live in a healthy and unpolluted environment and the duty to defend and preserve it.”

Chapter II, Section I, Article 24, Section 2:

“The State shall take the requisite measures to protect the environment and national species of flora and fauna throughout the national territory and maintain ecological balance, ensure the correct location of economic activities and the rational development and use of all natural resources, within the context of sustainable development, respect for the rights of future generations and the preservation of species.”

Chapter II, Section I, Article 39, Section 3:

“Acts that endanger or damage conservation of the environment shall be punishable by law.”

Chapter II, Section II, Article 74:

“Every citizen, either individually or through associations representing specific interests, shall have the right to take legal action in the cases and under the terms established by law, with the aim of annulling acts which are harmful to…the environment.” 

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Cape Verde

Cape Verde

Constitution of the Republic of Cape Verde (1992)

February 182014

Part II, Title III, Article 70, Section 1:

“Everyone shall have the right to a healthy, ecologically balanced environment, and the duty to defend and conserve it.”

Part II, Title III, Article 70, Section 2:

“The State and Municipalities, with the cooperation of associations which defend the environment, shall adopt policies to defend and preserve the environment, and will assure the rational utilization of all natural resources.”

Part II, Title III, Article 70, Section 3:

“The State shall stimulate and support the creation of associations to defend the environment and protect natural resources.”

Part I, Title I, Article 7(j):

“The following are fundamental duties of the State…To protect land, nature, natural resources, and environment, as well as the historical-cultural and artistic national heritage…”

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Mali

Mali

Constitution of the Republic of Mali (1992)

February 182014

Title I, Article 15:

“Every person shall have the right to a healthy environment. The protection, defense and promotion of the environment shall be obligations for all and for the State.”

 

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Niger

Niger

Constitution of the Republic of Niger (2010)

February 182014

Title II, Article 12:

“Each one has the right to life, to health, to physical and moral integrity, to a healthy and sufficient food supply, to potable water, to education and instruction in the conditions specified by the law.”

Title II, Article 35:

Any person has the right to a healthy environment. The State has the obligation to protect the environment in the interest of present and future generations.”

Title VII, Section II, Article 149:

“The State exercises its sovereignty over the natural resources and the subsoil. The exploitation and the administration of the natural resources and of the subsoil must be done with transparency and taking into account the protection of the environment, [and] the cultural heritage as well as the preservation of the interests of present and future generations.”

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Paraguay

Paraguay

Constitution of the Republic of Paraguay (1992)

February 182014

Title I, Section II, Article 7:

“Everyone has the right to live in a healthy, ecologically balanced environment.”

Title I, Section II, Article 8:

“A law will define and establish sanctions for ecological crimes. Any damage to the environment will entail an obligation to restore and to pay for damages.”

Title I, Section II, Article 7:

“The preservation, recovery, and improvement of the environment, as well as efforts to reconcile these goals with comprehensive human development, are priority objectives …”

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Slovenia

Slovenia

Constitution of the Republic of Slovenia (1991)

February 182014

Title III, Article 72:

Everyone has the right in accordance with the law to a healthy living environment.

The state shall promote a healthy living environment. To this end, the conditions and manner in which economic and other activities are pursued shall be established by law.

The law shall establish under which conditions and to what extent a person who has damaged the living environment is obliged to provide compensation.

The protection of animals from cruelty shall be regulated by law.”

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Benin

Benin

Constitution of the Republic of Benin (1990)

February 182014

Title II, Article 27:

“Every person has the right to a healthy, satisfying and lasting environment and has the duty to defend it.”

Title II, Article 27:

“The State shall watch over the protection of the environment.”

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São Tomé and Príncipe

São Tomé and Príncipe

Constitution of the Republic of São Tomé and Príncipe (1975)

February 182014

Part II, Title III, Article 49(1):

“All have the right to housing and to an environment of human life and the duty to defend it.”

Part II, Title III, Article 50(2):

“In accordance with the National System of Health, it shall be incumbent upon the State to promote Public Health aimed at the physical and mental well-being of the populations and their balanced integration into the socio-ecological environment in which they live.”

 

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Guinea

Guinea

Fundamental Law of the Second Republic of Guinea (1990)

February 182014

Title II, Article 16:

“Every person has the right to a healthy and lasting environment and the duty to defend it. The State sees to the protection of the environment.”

Title II, Article 21:

“[The people of Guinea] have [the] right to preservation of their patrimony, of their culture and of their environment.”

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Nicaragua

Nicaragua

Constitution of Nicaragua (1987)

February 182014

Title IV, Chapter 3, Article 60:

“Nicaraguans have the right to live in a healthy environment; it is the duty of the State to preserve, conserve and save the environment and natural resources.”

Title VI, Chapter 1, Article 102:

“The natural resources are national patrimony. The preservation of the environment, and the conservation, development and rational exploitation of the natural resources are responsibilities of the State.”

Title VI, Chapter 1, Article 105:

It is the obligation of the State to promote, facilitate, and regulate the provision of basic public services of energy, communications, water, transportation, road infrastructure, ports, and airports to the people, and access to these is their inalienable right. Private investments and their modalities and the concessions of exploitation to private individuals in these areas shall be regulated by law in each case.”

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South Korea

South Korea

Constitution of the Republic of Korea (1987)

October 42013

Chapter II, Article 35, Section 1:

“All citizens shall have the right to a healthy and pleasant environment. The State and all citizens shall endeavor to protect the environment.”

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Philippines

Philippines

Constitution of the Republic of the Philippines (1987)

October 22013

Article II, Section 16:

“The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

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Chile

Chile

Political Constitution of the Republic of Chile (1980)

October 22013

Chapter 3, Article 19:

“The Constitution guarantees to all persons:…(8) The right to live in an environment free of contamination. It is the duty of the State to ensure that this right is not jeopardized and to promote the preservation of nature. The law may establish specific restrictions on the exercise of certain rights or freedoms to protect the environment.”

Chapter 3, Article 20:

“He who should, due to arbitrary or illegal acts or omissions suffers deprivation, disruption or threat in the legitimate exercise of the rights and guaranties established in article 19…may personally, or through anyone on his behalf, resort to the respective Court of Appeals, which shall immediately take the measures it deems necessary to restore the rule of law and ensure the due protection of the affected party, notwithstanding the other rights that he may assert before the authority or the corresponding courts.

Likewise, the remedy of protection will also proceed in the case of number 8 of article 19, when the right to live in a pollution-free environment is affected by an unlawful act or omission attributable to a specific authority or person.”

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Peru

Peru

Political Constitution of Peru (1979)

September 302013

Title I, Chapter 1, Article 2, Section 22:

“Every person has the right:…to peace, tranquility, enjoyment of leisure time and to rest, as well as to a balanced and appropriate environment for the development of his life.”

Title III, Chapter 2, Article 68:

“The State is obliged to promote the conservation of biological diversity and of the protected natural areas.”

Title III, Chapter 2, Article 69:

“The State promotes the sustainable development of the Amazonia by means of appropriate legislation.”

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Spain

Spain

Spanish Constitution of 1978

September 302013

Part I, Chapter 3, Section 45, Article 1:

“Everyone has the right to enjoy an environment suitable for the development of the person, as well as the duty to preserve it.”

Part I, Chapter 3, Section 45, Article 2:

“The public authorities shall concern themselves with the rational use of all natural resources for the purpose of protecting and improving the quality of life and protecting and restoring the environment …”

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Portugal

Portugal

Constitution of the Portuguese Republic (1976)

September 302013

Part I, Title II, Chapter 2, Article 52, Section 3a:

“Everyone shall be granted the right of actio popularis, to include the right to apply for the appropriate compensation for an aggrieved party or parties, in such cases and under such terms as the law may determine, either personally or via associations that purport to defend the interests in question. The said right shall particularly be exercised in order to: a. Promote…the preservation of the environment”

Part I, Title III, Chapter 2, Article 66:

“1. Everyone shall possess the right to a healthy and ecologically balanced human living environment and the duty to defend it.

2. In order to ensure enjoyment of the right to the environment within an overall framework of sustainable development, acting via appropriate bodies and with the involvement and participation of citizens, the state shall be charged with:

a. Preventing and controlling pollution and its effects and the harmful forms of erosion;

b. Conducting and promoting town and country planning with a view to a correct location of activities, balanced social and economic development and the enhancement of the landscape;

c. Creating and developing natural and recreational reserves and parks and classifying and protecting landscapes and places, in such a way as to guarantee the conservation of nature and the preservation of cultural values and assets that are of historic or artistic interest;

d. Promoting the rational use of natural resources, while safeguarding their ability to renew themselves and maintain ecological stability, with respect for the principle of inter-generational solidarity;

e. Acting in cooperation with local authorities, promoting the environmental quality of rural settlements and urban life, particularly on the architectural level and as regards the protection of historic zones;

f. Promoting the integration of environmental objectives into the various policies of a sectoral nature;

g. Promoting environmental education and respect for environmental values;

h. Ensuring that fiscal policy renders development compatible with the protection of the environment and the quality of life.”

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Listing Results

  • Italy

    Italy

    Statement of Public Policy

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  • Comoros

    Comoros

    Statement of Public Policy, Substantive Right

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  • Rwanda

    Rwanda

    Statement of Public Policy, Substantive Right

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  • Gabon

    Gabon

    Statement of Public Policy

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  • Algeria

    Algeria

    Right to Water, Statement of Public Policy, Substantive Right

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  • Guerrero

    Guerrero

    Right of Nature

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  • Thailand

    Thailand

    Statement of Public Policy, Substantive Right

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  • Acre

    Acre

    Statement of Public Policy

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  • Thuringia

    Thuringia

    Procedural Right, Statement of Public Policy

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  • Schleswig-Holstein

    Schleswig-Holstein

    Statement of Public Policy

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  • Saxony-Anhalt

    Saxony-Anhalt

    Procedural Right, Statement of Public Policy

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  • Saxony

    Saxony

    Procedural Right, Statement of Public Policy

    Read more
  • Saarland

    Saarland

    Statement of Public Policy

    Read more
  • Rhineland-Palatinate

    Rhineland-Palatinate

    Statement of Public Policy

    Read more
  • North Rhine-Westphalia

    North Rhine-Westphalia

    Statement of Public Policy

    Read more
  • Mecklenburg-Vorpommern

    Mecklenburg-Vorpommern

    Procedural Right, Statement of Public Policy

    Read more
  • Hesse

    Hesse

    Statement of Public Policy

    Read more
  • Netherlands

    Netherlands

    Statement of Public Policy

    Read more
  • Bremen

    Bremen

    Statement of Public Policy

    Read more
  • Brandenburg

    Brandenburg

    Procedural Right, Statement of Public Policy

    Read more
  • Berlin

    Berlin

    Statement of Public Policy

    Read more
  • Baden-Württemberg

    Baden-Württemberg

    Statement of Public Policy

    Read more
  • Bavaria

    Bavaria

    Statement of Public Policy, Substantive Right

    Read more
  • Albania

    Albania

    Procedural Right, Statement of Public Policy

    Read more
  • Palau

    Palau

    Statement of Public Policy

    Read more
  • New Mexico

    New Mexico

    Statement of Public Policy

    Read more
  • Uruguay

    Uruguay

    Right to Water, Statement of Public Policy

    Read more
  • Somalia

    Somalia

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Honduras

    Honduras

    Right to Water, Statement of Public Policy

    Read more
  • Florida

    Florida

    Statement of Public Policy

    Read more
  • New York

    New York

    Statement of Public Policy, Substantive Right

    Read more
  • Hawai’i

    Hawai’i

    Procedural Right, Substantive Right

    Read more
  • Montana

    Montana

    Substantive Right

    Read more
  • North Carolina

    North Carolina

    Statement of Public Policy

    Read more
  • Pennsylvania

    Pennsylvania

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • South Carolina

    South Carolina

    Statement of Public Policy

    Read more
  • Virginia

    Virginia

    Statement of Public Policy

    Read more
  • Massachusetts

    Massachusetts

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Illinois

    Illinois

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Ohio

    Ohio

    Statement of Public Policy

    Read more
  • Michigan

    Michigan

    Statement of Public Policy

    Read more
  • Louisiana

    Louisiana

    Statement of Public Policy

    Read more
  • Rhode Island

    Rhode Island

    Statement of Public Policy

    Read more
  • Zimbabwe

    Zimbabwe

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Vietnam

    Vietnam

    Statement of Public Policy, Substantive Right

    Read more
  • Mauritania

    Mauritania

    Substantive Right

    Read more
  • Zambia

    Zambia

    Statement of Public Policy

    Read more
  • Nepal

    Nepal

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Fiji

    Fiji

    Substantive Right

    Read more
  • Haiti

    Haiti

    Statement of Public Policy

    Read more
  • Guatemala

    Guatemala

    Statement of Public Policy

    Read more
  • Ghana

    Ghana

    Statement of Public Policy

    Read more
  • Gambia

    Gambia

    Statement of Public Policy

    Read more
  • Equatorial Guinea

    Equatorial Guinea

    Statement of Public Policy

    Read more
  • El Salvador

    El Salvador

    Statement of Public Policy

    Read more
  • Cuba

    Cuba

    Statement of Public Policy, Substantive Right

    Read more
  • China

    China

    Statement of Public Policy

    Read more
  • Cambodia

    Cambodia

    Statement of Public Policy

    Read more
  • Burundi

    Burundi

    Statement of Public Policy

    Read more
  • Bangladesh

    Bangladesh

    Statement of Public Policy

    Read more
  • Andorra

    Andorra

    Statement of Public Policy

    Read more
  • Afghanistan

    Afghanistan

    Statement of Public Policy

    Read more
  • Bahrain

    Bahrain

    Statement of Public Policy

    Read more
  • Egypt

    Egypt

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Morocco

    Morocco

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Tunisia

    Tunisia

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • South Sudan

    South Sudan

    Statement of Public Policy, Substantive Right

    Read more
  • Jamaica

    Jamaica

    Substantive Right

    Read more
  • Dominican Republic

    Dominican Republic

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • France

    France

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Kenya

    Kenya

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Turkmenistan

    Turkmenistan

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Kosovo

    Kosovo

    Procedural Right, Statement of Public Policy

    Read more
  • Maldives

    Maldives

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Serbia

    Serbia

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Montenegro

    Montenegro

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Colombia

    Colombia

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Armenia

    Armenia

    Statement of Public Policy

    Read more
  • Democratic Republic of the Congo

    Democratic Republic of the Congo

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Iraq

    Iraq

    Statement of Public Policy, Substantive Right

    Read more
  • Sudan

    Sudan

    Statement of Public Policy

    Read more
  • Brazil

    Brazil

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Central African Republic

    Central African Republic

    Substantive Right

    Read more
  • Mozambique

    Mozambique

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Bulgaria

    Bulgaria

    Statement of Public Policy, Substantive Right

    Read more
  • Ukraine

    Ukraine

    Procedural Right, Right to Water, Substantive Right

    Read more
  • Guyana

    Guyana

    Statement of Public Policy, Substantive Right

    Read more
  • Costa Rica

    Costa Rica

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Côte d’Ivoire

    Côte d’Ivoire

    Statement of Public Policy, Substantive Right

    Read more
  • Georgia

    Georgia

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Hungary

    Hungary

    Statement of Public Policy, Substantive Right

    Read more
  • Kyrgyz Republic

    Kyrgyz Republic

    Substantive Right

    Read more
  • Romania

    Romania

    Statement of Public Policy, Substantive Right

    Read more
  • Bolivia

    Bolivia

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Timor-Leste

    Timor-Leste

    Statement of Public Policy, Substantive Right

    Read more
  • Greece

    Greece

    Statement of Public Policy, Substantive Right

    Read more
  • Indonesia

    Indonesia

    Statement of Public Policy, Substantive Right

    Read more
  • Togo

    Togo

    Statement of Public Policy, Substantive Right

    Read more
  • Turkey

    Turkey

    Statement of Public Policy, Substantive Right

    Read more
  • Congo

    Congo

    Statement of Public Policy, Substantive Right

    Read more
  • Senegal

    Senegal

    Substantive Right

    Read more
  • Croatia

    Croatia

    Statement of Public Policy

    Read more
  • Czech Republic

    Czech Republic

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Mexico

    Mexico

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Mongolia

    Mongolia

    Statement of Public Policy, Substantive Right

    Read more
  • Slovakia

    Slovakia

    Statement of Public Policy, Substantive Right

    Read more
  • Venezuela

    Venezuela

    Statement of Public Policy, Substantive Right

    Read more
  • Latvia

    Latvia

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • North Macedonia

    North Macedonia

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Burkina Faso

    Burkina Faso

    Procedural Right, Substantive Right

    Read more
  • Seychelles

    Seychelles

    Statement of Public Policy, Substantive Right

    Read more
  • Chad

    Chad

    Statement of Public Policy, Substantive Right

    Read more
  • Cameroon

    Cameroon

    Statement of Public Policy, Substantive Right

    Read more
  • Azerbaijan

    Azerbaijan

    Procedural Right, Substantive Right

    Read more
  • Uganda

    Uganda

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Finland

    Finland

    Statement of Public Policy

    Read more
  • Norway

    Norway

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Argentina

    Argentina

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Belgium

    Belgium

    Substantive Right

    Read more
  • Ethiopia

    Ethiopia

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Moldova

    Moldova

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Belarus

    Belarus

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Ecuador

    Ecuador

    Procedural Right, Right of Nature, Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Russian Federation

    Russian Federation

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • South Africa

    South Africa

    Right to Water, Substantive Right

    Read more
  • Angola

    Angola

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Cape Verde

    Cape Verde

    Statement of Public Policy, Substantive Right

    Read more
  • Mali

    Mali

    Statement of Public Policy, Substantive Right

    Read more
  • Niger

    Niger

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Paraguay

    Paraguay

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Slovenia

    Slovenia

    Statement of Public Policy, Substantive Right

    Read more
  • Benin

    Benin

    Statement of Public Policy, Substantive Right

    Read more
  • São Tomé and Príncipe

    São Tomé and Príncipe

    Statement of Public Policy, Substantive Right

    Read more
  • Guinea

    Guinea

    Statement of Public Policy, Substantive Right

    Read more
  • Nicaragua

    Nicaragua

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • South Korea

    South Korea

    Statement of Public Policy, Substantive Right

    Read more
  • Philippines

    Philippines

    Statement of Public Policy, Substantive Right

    Read more
  • Chile

    Chile

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more
  • Peru

    Peru

    Statement of Public Policy, Substantive Right

    Read more
  • Spain

    Spain

    Statement of Public Policy, Substantive Right

    Read more
  • Portugal

    Portugal

    Procedural Right, Statement of Public Policy, Substantive Right

    Read more