Sustainable Development, Rights Of Future Generations In Legal And Ethical Considerations

Sustainable Development, Rights Of Future Generations In Legal And Ethical Considerations Presented by: Prof. Dr. Bándi Date: 28 August 2024 The Road From Stockholm To SDGs - Even in 1972 (Stockholm) there are references to generation issues - Bruntland Commission in 1987: "sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs." - 1992, UNCED, Rio, Principle 1: „Human beings are at the center of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature." and Principle 3: „The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations." - Legal report 1995, several legal constituents, plus: "31. The right to a healthy environment provides a focus to guide the integration of environment and development. Development is sustainable where it advances or realizes the right to a healthy environment." - ILA, New Delhi, 2012. SD is a principle of international law and jus cogens Green Economy – 2012 - Ecosystem (natural capital) • - Economy (produced capital) • - goal: ensure ecosystem resilience goal: improve resource efficiency Human well-being (social and human capital) • goal: enhance social equity and fair burden-sharing Legal Considerations - What is the core of SD from legal point of view? - Intergeneration equity + intragenerational equity, multiplied with integration - Generally accepted: • The rights of future generations + the right to environment • Intragenerational equity, i.e., the rights of current generations, • Public participation. • Cooperation or cooperative instruments • Integration (ICJ: 140.... This need to reconcile economic development with protection of the environment is aptly expressed in the concept of sustainable development.") • Precautionary principle and 'scientific uncertainty'. • Subsidiarity • Good governance Creation, Future Generations And Moral Duties - Populorum progressio of 1967: "(76) [W]e are not just promoting human well-being; we are also furthering man's spiritual and moral development, and hence we are benefiting the whole human race.'" - Centesimus annus, 1991: "31.... God gave the earth to the whole human race for the sustenance of all its members, without excluding or favoring anyone. This is the foundation of the universal destination of the earth's goods." and "37.... Instead of carrying out his role as a co-operator with God in the work of creation, man sets himself up in place of God and thus ends up provoking a rebellion on the part of nature, which is more tyrannized than governed by him.... In this regard, humanity today must be conscious of its duties and obligations towards future generations.' - Venice Declaration, 2002: 'Respect for creation stems from respect for human life and dignity. The problem is not simply economic and technological; it is moral and spiritual. We have not been entrusted with unlimited power over creation, we are only stewards of the common heritage.' - Caritas in veritate, 2009: "50.... At the same time we must recognize our grave duty to hand the earth on to future generations in such a condition that they too can worthily inhabit it and continue to cultivate it." and: "51. The way humanity treats the environment influences the way it treats itself, and vice versa. Herein lies a grave contradiction in our mentality and practice today: one which demeans the person, disrupts the environment and damages society." - Laudato Si', 2015: "67. We are not God. The earth was here before us and it has been given to us. This implies a relationship of mutual responsibility between human beings and nature. Each community can take from the bounty of the earth whatever it needs for subsistence, but it also has the duty to protect the earth and to ensure its fruitfulness for coming generations." and: „159. The notion of the common good also extends to future generations..." „160.... It is no longer enough, then, simply to state that we should be concerned for future generations. We need to see that what is at stake is our own dignity." Rights Of Future Or Duties Of Today - Gaba: "Ultimately, it means that the relationship between the present and the future is not derived from what the future demands of us based on their needs, but what we say to the future about our aspirations." - Bosselmann: "For principle reasons we are unable to determine the needs of future generations. Only more or less informed guesses are possible about the options that future generations may justifiably expect. The reasonable choice, therefore, is for a duty to pass on the integrity of the planetary ecosystem as we have inherited it (ecological integrity)." - 2013 UN Secretary General: "5. Future generations are politically powerless, with the representation of their interests limited to the vicarious concern of present generations." - If rights, the whole range of human rights should be guaranteed, implemented, plus environmental rights observed. UN HRC 2021: Acknowledging the importance of a safe, clean, healthy and sustainable environment as critical to the enjoyment of all human rights... - 28/2017. (Χ. 25.) AB - the Constitutional Court referred to the concepts of legal scholars as Edith Brown Weiss - translating the messages into a constitutional language: - "[33] On the basis of Par (1) of Art. P) of the Fundamental Law the current generation has three major responsibilities: to preserve the option of choice, to preserve the quality and to provide access. • Option of choice is based upon the consideration that the living conditions of future generations might best be guaranteed if the inherited natural heritage could ensure the freedom of choice for future generations in order to solve their problems, instead of taking the decisions of the present as constraints for the coming generations. • On the basis of preserving the quality, we shall take all necessary steps to leave the natural environment at least in the same condition as it had been given to us by the past generations. • Access to natural resources would allow current generations access to the available resources as long as they respect the reasonable interests of future generations." - UN Secretary General 2013: "25. Since we cannot with great certainty ascertain the precise needs and preferences of future generations, we could in devising policies at the very least begin with two considerations: minimizing harm and doing that which benefits both present and future generations." - UN Secretary General: "54. - Accounting for the interests of future generations would require two adaptations: strengthening our capacities to understand and assess the future, building long-term thinking into important policies and decision-making; and creating specific forums and instruments to protect the interests of future generations at all levels of governance." - Hungarian CC: „While we may not generally require that natural and legal persons should tailor their behavior to an abstract objective, which has not been specified by the legislator and this also may not be enforced, it is required that the state should unequivocally define those legal obligations, which both the state and private persons should implement, for among other reasons to provide an effective protection for those interests, appraised in Article P) (1) of Fundamental Law all those duties, which the state might implement elsewhere with the protection of fundamental rights, here should be executed via the stipulation of legislative and institutional guarantees" (28/2017) Some Legal And Institutional Aid - High level statements, human right message - most preferably at the level of the Constitution. Consider the importance of UN HRC October 2021 - Hungarian CC: "the status of heritage of future generations", which also includes objective requirements covering the prohibition of non-retrogression among others." (2017)14/2020 This heritage concept goes beyond the state property and might also be coupled with the public trust doctrine. (14/2020) - UN SG 2021: "57. Future generations are, by definition, unrepresented in today's decision- making and unable to articulate their needs. To translate the principle of intergenerational equity into practice, consideration could be given to forums to act on their behalf, as their trustees, as well as instruments to further protect their interests." - Redemptor Hominis 1979: "Nor is there any doubt in the Book of Genesis, and elsewhere in the Old Testament, that the responsible guardian in question is all mankind, along with all generations and clans."