Main instruments for protecting the right of children and future generations to the environment

Abstract

This theme develops in relation to the right of children and future generations to the environment. Initially, it brings a brief history of the main international instruments on the right to the environment and, subsequently, a current overview of the international recognition of this right, with reference to the most emblematic judgments. The present work sought to respond to the following problem: has the right of children to an ecologically balanced environment, provided for in CF/1988 and in international instruments for children and future generations, been guaranteed? As a general objective, we tried to analyze whether the right of children to an ecologically balanced environment, provided for in CF/1988 for future generations and in international instruments, has been respected, focusing on the principle of human dignity and the principle of intergenerational solidarity. Among the specific objectives are: to analyze the international recognition of children's right to the environment; weave an overview of the international jurisprudence on the subject, in addition to some procedural issues related to children as subjects of the right to an ecologically balanced environment. A preliminary bibliographical survey of soft law instruments, articles, books and reports, doctrine, legislation and international and national organizations was carried out. To examine the material obtained from the bibliographic research, the deductive and systematic methods were used. The type of research is exploratory in nature. The population concerns children and future generations in general and the respective right to the environment, as a community.