Environmental rights

Environmental rights are the set of principles and legal guarantees designed to protect the environment while safeguarding the well-being of the people and communities that depend on it. They are closely tied to environmental legislation and to sustainability, because they seek to balance economic development with the conservation of natural resources. In the context of carbon footprint measurement, they provide the ethical and regulatory framework that pushes organizations to mitigate the environmental impact of their activities.

What are environmental rights?

Environmental rights are rights that guarantee access to a healthy, balanced and sustainable environment. They are recognised in national and international law, and their core purpose is to protect both ecosystems and the people who rely on them. Following the framework popularised by the United Nations and the Aarhus Convention, they rest on three procedural pillars:

• Access to environmental information held by public authorities.
• Public participation in environmental decision-making.
• Access to justice in environmental matters.

A major recent milestone was United Nations General Assembly Resolution 76/300, adopted on 28 July 2022, which recognised for the first time the human right to a clean, healthy and sustainable environment (building on the Human Rights Council resolution of October 2021). The resolution is not legally binding, but it sends a strong political signal and reinforces the link between human rights and environmental protection.

Key components of environmental rights

The three pillars translate into concrete entitlements:

1. Access to information: citizens have the right to know the state of the environment and any activities that may affect it.
2. Public participation: communities have the right to take part in decisions that affect the natural environment around them.
3. Access to justice: individuals and organizations are guaranteed legal avenues to defend these rights.

These principles are essential for ensuring transparency and accountability in environmental management, particularly in sectors such as industry and transport, which are major contributors to greenhouse gas (GHG) emissions.

The evolution of environmental rights

Environmental rights have developed significantly since the mid-20th century, when concern about environmental degradation began to grow. A key milestone was the 1972 Stockholm Declaration, adopted at the United Nations Conference on the Human Environment, which marked the start of formal international recognition of environmental rights.

In 1992, the Earth Summit in Rio de Janeiro reinforced these principles and placed sustainable development at the centre of environmental policy. Since then, treaties and agreements such as the Paris Agreement (2015) have underlined the importance of environmental rights in the response to climate change.

Environmental rights in Spain

In Spain, environmental rights are anchored in Article 45 of the Spanish Constitution, which establishes that everyone has the right to enjoy an environment suitable for personal development, together with the duty to preserve it. This constitutional principle is developed through specific legislation, including Law 21/2013 on Environmental Impact Assessment, which governs how the environmental effects of projects and plans are evaluated.

Spain is also a party to the Aarhus Convention, transposed into Spanish law by Law 27/2006, which regulates the rights of access to information, public participation and access to justice in environmental matters. The broader framework of environmental responsibility legislation complements these rights by setting out who must prevent and remedy environmental damage.

Environmental rights and the carbon footprint

The carbon footprint measures the total GHG emissions generated by an activity, product or service, and it is a key indicator of the environmental impact of businesses and organizations. Environmental rights provide the ethical and legal framework that ensures economic activity does not compromise sustainability, and respecting them increasingly means accounting for how emissions affect local communities. Industrial activities with high emissions can damage air quality and public health in nearby populations, so measuring and reducing the carbon footprint is a practical way of protecting these rights.

How companies can align with environmental rights

To respect environmental rights, companies need to manage their environmental impact proactively, which means not only measuring their carbon footprint but also acting on it. Useful steps include:

1. Accurate emissions measurement: calculate emissions across all scopes (Scope 1, Scope 2 and Scope 3) using reliable tools and methodologies.
2. Reduction plans: develop a carbon footprint reduction plan tailored to the sector, company size and specific circumstances.
3. Offsetting where appropriate: invest in credible, certified offset projects to address residual emissions, after prioritising reductions.
4. Transparency and reporting: publish auditable environmental information so that stakeholders can follow progress.

The future of environmental rights

As climate change becomes one of the defining challenges of our time, environmental rights are set to grow in importance. The transition to a low-carbon economy will require both the adoption of clean technologies and stronger legal and ethical frameworks to protect the environment. Companies have a central role: by adopting sustainable practices and respecting environmental rights, they contribute to climate action while strengthening their reputation and competitiveness in a market that increasingly values sustainability.

How Manglai supports responsible environmental management

Environmental rights help ensure a balance between economic development and the protection of the environment, and they give companies a clear reason to measure and reduce their impact. At Manglai we help organizations measure their carbon footprint, act on it and prepare their sustainability reporting, so they can meet their environmental responsibilities with confidence. Discover how Manglai can help you.