Argentina: Beatriz Silva Mendoza and Others v. National Government and Others

Submitted by John Knox on Wed, 07/09/2008 - 00:00
Latin America and the Caribbean

The Supreme Court of Argentina ordered the national government to clean and restore the Matanza-Riachuelo River that had been heavily polluted for many years. The Court’s ruling identified three objectives for restoration: (1) improved quality of life for the inhabitants of the basin; (2) reconstruction of the environment in the basin in all of its components; and (3) prevention of injury with sufficient degree of predictability. The Court’s decision was based on Articles 41 and 43 of the constitution, which recognize the right to a healthy environment and citizens’ power to defend their rights through judicial recourse.