Jurist Ireland charged with protecting environmental rights, UN expert says

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In a statement Friday, at the conclusion of her visit to Ireland, UN Special Rapporteur on the Right to a Clean, Healthy, and Sustainable Environment, Astrid Peuntes Riaño says Ireland should consider human rights in all decisions to protect the environment. She states that, “advances in environmental protections are evident, though these may be lost due to regressive proposals and prioritizing investments without considering environmental and climate impacts, even transboundary.”

Despite its advancements, Ireland has announced it will not be meeting the legally binding climate target of a 50 per cent emissions reduction by 2030. Darragh O’Brien, Minister for Climate and Minister for Transport, says instead, the country is expected to reach a maximum of 22 percent. Government decisions, such as the EU nitrates derogation and lifting the Dublin airport passenger cap, raise environmental concerns over the lack of proper assessments. Environmentalists assert that lifting the passenger cap will result in greenhouse gas emissions, impacting the health of future generations. Ireland’s Minister for Transport says these concerns are outweighed by the need for economic growth.

Economic revenue must not come at the expense of protecting the environment and human rights, especially with severe climate change, biodiversity loss and toxic pollution harms already impacting people, the UN Special Rapporteur said.

The UN expert calls for a consideration of both national and international laws in response.

At the national level, the Supreme Court of Ireland’s decision in Friends of the Irish Environment v. Government of Ireland confirmed that the right to a healthy environment is not constitutionally protected. It is also not a derived right recognized by the court. Its environmental protections are implemented through a combination of constitutional provisions, statutory measures, administrative regulation, and policy instruments, along with EU law.

Internationally, Ireland has ratified most internationally related environmental treaties. Although the express recognition of the right to a healthy environment is pending approval by both houses of Ireland’s parliament, the country continues to play an active role in advancing international recognitions.

Consistent policies and legislation recognizing the right to a healthy environment in Ireland would begin to fill the gaps in its national legislation. Puentos Riaño said,

Ireland stands at an important moment to reinforce environmental protection while strengthening human rights and democracy. Ireland can and should use its role as President of the Council of the EU later this year to influence European leadership to protect people and the environment.

A full report will be presented to the UN Human Rights Council in March 2027.

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