ENVIRONMENTAL ACCESS RIGHTS: A READING OF THE ESCAZÚ AGREEMENT IN LIGHT OF THE MEXICAN SUPREME COURT’S JURISPRUDENCE

Abstract

In Mexico, discussions about the constitutional recognition of the human right to a healthy environment have mainly revolved around access to information, public participation, and justice in environmental matters. Several precedents of the Mexican Supreme Court have analyzed the content and scope of these rights using instruments such as the Rio Declaration and the Bali Guidelines. In this context, the adoption of the Escazú Agreement has reinforced the decisions of the Supreme Court and provided binding force to several criteria and standards regarding access rights. Nonetheless, this article will illustrate that it is also necessary to consider that the jurisprudence of the Supreme Court, even that which has not been developed in environmental cases, can contribute to the analysis and interpretation of the obligations derived from the Escazú Agreement. For this purpose, this article analyzes each access right considering several provisions of the Escazú Agreement and precedents of the Mexican Supreme Court of Justice.