Abstract

VASQUEZ SANTAMARIA, JORGE EDUARDO; RESTREPO MUNERA, CAROLINA  and  ARCILA SALAZAR, BEATRIZ ELENA. Other Views on Access Rights in Environmental Matters Based on the Contents of Ecological Constitution of Colombia. Rev. Derecho Estado [online]. 2022, n.52, pp.365-408.  Epub Jan 25, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n52.12.

Using a qualitative methodology, with a hermeneutic historical approach and a critical analysis of documentary sources that follows the path of affirmation - example - conclusion, the article addresses several of the particularities of the rights of access in environmental matters in the light of the Ecological Constitution. Taking principle 10 of the 1992 Rio de Janeiro Declaration as a point of reference, the first part of the article begins by recognizing the contents and purposes of the international instruments prior and subsequent to the aforementioned Declaration in which access rights were included as contents for the realization of sustainable development, reflections from which the possible binding power of those contents under the figure of the constitutional block is examined. Taking the Ecological Constitution as a scenario for analysis, the second part of the paper supports the particularities that define the rights of access in the legal system, including access as a legal power independent and interdependent of the rights to which access is sought; the challenges of the right of access to information are analyzed, the ups and downs of the right of access to participation are revealed, and the progress of the right of access to justice in environmental matters is presented.

Keywords : Access rights; information; participation; justice; Ecological Constitution.

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