The right to a healthy environment is specifically protected by the Federal Constitution. To such effect, the Constitution states that every inhabitant of the Republic of Argentina is entitled to an environment that is healthy, balanced and apt for human development.
The Federal Constitution provides that the Federal Government shall issue the regulations containing the minimum protection requirements and that the provinces shall issue those regulations necessary to supplement those passed by the Federal Government.
+ it sets forth the principles of the environmental policy;
+ it provides that any activity that might materially damage the environment or some of its components, or that negatively affect the population’s quality of life, will be subject to a previous environmental impact evaluation;
+ it sets forth the obligation to have in full force and effect an insurance policy materially enough to guarantee the financing of the recomposition works;
+ it provides that when the recomposition is not technically feasible, the compensation that a Court might establish shall be deposited in an Environmental Compensation Fund –created by the law– notwithstanding other judicial actions that might be applicable;
+ it establishes that liability will only be released by providing proper evidence that, despite having adopted all the measures necessary to avoid the damage and without negligence by the responsible party, the damages were caused by the victim’s negligence or by the negligence of a third party for whom the responsible party shall not be liable.
In addition, the Federal Constitution forbids the admission of actual or potential hazardous wastes into the country as well as radioactive wastes.
The Federal Constitution provides for injunctive relief protection against any action or omission of public or private authorities that actually or imminently impairs, restricts or threatens rights and warranties recognized by the Federal Constitution, including among others, the environment.
The Federal Constitution further provides that environmental damage triggers the priority obligation to recompose the environment.
