The legal aid in environmental matters: challenges regarding the negotiation process of the regional treaty on access rights to environmental information, participation and justice

Abstract

The negotiation process of a regional instrument on access rights in Latin America and the Caribbean has included in its current draft a provision on access to jus-tice in environmental matters (Article 9). It expressly provides the obligation of States to have free legal assistance mechanisms. In this paper we will try to develop this obligation, reflecting on how a legal aid system in environmental matters should be designed. To this end, the specific characteristics of access to justice in environmental matters will be ex-plained. Then we will analyse the design options for public legal assistance, both in gen-eral terms, and legal aid in environmental matters, referring to certain Latin American experiences. Finally, some reflections will be presented as to which model (judicare or staff) is most adequate to respond to the challenges of environmental legal defense.