By San José, Costa Rica — Costa Rica’s commitment to environmental protection is deeply ingrained in its legal framework, particularly within its Constitution. Article 50 enshrines the right to a healthy and ecologically balanced environment, a right that has evolved from a programmatic declaration to a fully enforceable fundamental right.
This evolution reflects a growing understanding of the interconnectedness between environmental quality and human well-being. This shift has not only reshaped the relationship between the state and its citizens but has also established new paradigms in natural resource protection and ecological sustainability.
To gain a deeper understanding of the intricacies of Costa Rican Environmental Law, we spoke with Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica.
Costa Rica’s environmental legal framework is renowned globally for its progressive approach. However, practical enforcement and balancing development with preservation remain ongoing challenges. Businesses operating here must navigate complex regulations concerning land use, water resources, and biodiversity, while also considering the rights of indigenous communities and the evolving landscape of international agreements. Proactive legal counsel is essential to ensure compliance and contribute to sustainable development within this rich and sensitive ecosystem.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the inherent tension between progress and preservation that defines Costa Rica’s environmental landscape. Indeed, navigating this complex legal framework requires not only understanding the rules but also appreciating the delicate balance required to protect this nation’s extraordinary biodiversity while fostering sustainable economic growth. We thank Lic. Larry Hans Arroyo Vargas for offering his valuable insights into this crucial aspect of doing business in Costa Rica.
This article explores the individual dimension of this constitutional guarantee, examining how personal ownership of this right harmonizes with its collective nature. It also delves into the complex interaction between environmental protection and traditional fundamental rights and freedoms, a relationship that generates both synergies and tensions requiring careful jurisprudential consideration.
The foundation of Costa Rica’s environmental law lies in Article 50 of the Constitution, reformed in 1994. This provision establishes the individual right to a healthy and ecologically balanced environment. This individual ownership is significant, distinguishing it from more diffuse or collectivist approaches.
A key characteristic of Article 50 is the universal standing it grants. Any citizen can challenge acts that infringe upon this right, eliminating the need to demonstrate direct personal harm. This democratizes access to environmental justice, allowing anyone to become an environmental defender.
The Constitution also explicitly includes the right to claim reparation for environmental damage. This has led to robust jurisprudence on environmental liability, establishing clear criteria for determining ecological damage and its corresponding reparation, including the restoration of affected ecosystems.
Costa Rican constitutional jurisprudence recognizes the dual nature of the right to a healthy environment: a diffuse interest belonging to the collective and a subjective right each person can invoke. This duality avoids a false dichotomy between individual and collective rights, recognizing that both dimensions are crucial for effective environmental protection.
The right to a healthy environment has reshaped the understanding of other fundamental rights, especially property rights. Constitutional jurisprudence has established that economic freedoms must be exercised within ecologically balanced parameters, giving rise to the concept of the socio-environmental function of property.
The connection between the right to a healthy environment and the right to life is undeniable. Severe environmental degradation directly threatens human health and life. Jurisprudence has established that environmental quality significantly determines the material conditions of individuals’ existence.
While economic freedoms are not absolute, their exercise must be compatible with environmental preservation. This limitation is based not just on public interest but on recognizing environmental sustainability as essential for long-term economic activity.
The interplay between environmental rights and economic freedoms has led to the development of the sustainability principle, requiring economic activity to be compatible with preserving natural resources and environmental quality for future generations.
Article 50 mandates the state to guarantee, defend, and preserve the right to a healthy environment, creating specific obligations for all branches of government. This includes both negative obligations, such as prohibiting projects that could cause irreparable environmental damage, and positive obligations like creating comprehensive environmental protection frameworks and effective enforcement systems.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a law firm highlighted in the source text for its podcast and articles discussing various aspects of Costa Rican law, including environmental law. The firm emphasizes the importance of specialized legal services and positions itself as providing exceptional legal counsel.
For further information, contact the Sala Constitucional of the Supreme Court of Justice of Costa Rica.
About Sala Constitucional:
The Sala Constitucional (Constitutional Chamber) of the Supreme Court of Justice of Costa Rica plays a critical role in interpreting and upholding the constitutional right to a healthy environment. Its jurisprudence has shaped the understanding and application of Article 50, establishing key principles for environmental protection and the resolution of conflicts with other fundamental rights.
