Argentina

Asociación Civil por la Justicia Ambiental v. Province of Entre Ríos, et al.

Jurisdiction: Supreme Court


Side A: Asociación Civil por la Justicia Ambiental (Ngo)


Side B: Province of Entre Ríos and others (Government)


Core objectives:

Class action asks Argentinian Supreme Court to recognize rights of the Paraná Delta.


Summary
On July 2, 2020 a class action was filed in the Argentinian Supreme Court against the governments of the Province of Entre Ríos and the Municipality of Victoria City in Argentina for their alleged failure to protect environmentally sensitive wetlands. The lawsuit, brought by the groups Asociación Civil por la Justicia Ambiental and Foto Ecologista de Paraná, and a class of children, argues that the Paraná Delta has its own rights. 

The plaintiffs ask the Court to declare the Paraná Delta a "subject of rights" and an essential ecosystem for mitigating and adapting to climate change; order that the defendants develop and implement an Environmental Territorial Order and Plan to regulate land use in the Paraná Delta, recognizing that the area is at risk due to climate impacts; designate a "guardian" of the rights of the Paraná Delta with the goal of controlling the conservation and sustainable use of the wetlands; and ensure public participation in future decisions consistent with the Escazú Agreement. The complaint relies primarily on the Argentinian constitution, the Convention on the Rights of the Child, the UNFCCC, the Paris Agreement, General Environmental Law No. 25.675 and Environmental Law to Control Burning Activities No. 23.919. The complaint also references laws in other countries recognizing the rights of nature, rivers, and other non-human entities.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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