Exploring Access to Justice in Environmental Matters through the Lens of Rights of Nature and Animal Welfare (Short Paper)

Abstract

This paper examines the intersection of environmental procedural rights and the emerging concept of the Rights of Nature, utilising the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (Aarhus Convention) as a legal framework. It examines how access to justice, particularly through the case law of the Convention’s Compliance Committee (ACCC), can serve as a mechanism for advancing environmental protection beyond anthropocentric interests. Analysis of selected ACCC case law from Denmark, Germany, France, and Italy reveals that while environmental NGOs benefit from broader standing, individuals often face significant procedural barriers. Additionally, NGOs face challenges such as a lack of access to free legal aid and high litigation costs. The paper argues that although the Aarhus Convention has laid a strong foundation for broader access to justice in environmental matters, further concrete actions by the Parties to the Convention are needed to eliminate these barriers. The paper also highlights the increasing relevance of animal welfare within environmental law, noting its intersection with biodiversity and sustainability goals. The ACCC’s broad interpretation of “law relating to the environment” supports this, offering new mechanisms for protecting Rights of Nature.