Ireland faces pressing calls to enhance its commitment to environmental rights, according to a statement made by the UN Special Rapporteur on the Right to a Clean, Healthy, and Sustainable Environment, Astrid Peuntes Riaño. Concluding her visit on September 29, 2023, she emphasized the need for the country to integrate human rights considerations into all environmental decision-making processes.
Peuntes Riaño acknowledged the advancements in Ireland’s environmental protections but warned that these achievements could be undermined by regressive proposals. She pointed out the concerning trend of prioritizing investments without adequate consideration of their environmental and climate implications, particularly those that cross national borders. Despite these advancements, Ireland has announced it will not meet its legally binding climate goal of a 50 percent reduction in greenhouse gas emissions by 2030. Instead, Minister for Climate and Minister for Transport, Darragh O’Brien, indicated that the country is on track for a maximum reduction of 22 percent.
The government’s recent decisions, such as the EU nitrates derogation and the lifting of the passenger cap at Dublin Airport, have sparked significant environmental concerns. Critics argue that removing the passenger cap will increase greenhouse gas emissions, adversely affecting the health of future generations. O’Brien defended these actions, asserting that the benefits to economic growth outweigh environmental concerns.
Peuntes Riaño cautioned against allowing economic revenue to come at the expense of environmental and human rights, especially in light of the ongoing severe impacts of climate change, biodiversity loss, and toxic pollution. She stressed that Ireland must consider both national and international laws in its environmental policies.
Legal Framework and Responsibilities
At the national level, the Supreme Court of Ireland ruled in the case of Friends of the Irish Environment v. Government of Ireland that the right to a healthy environment is not constitutionally protected, nor is it recognized as a derived right by the court. Environmental protections in Ireland arise from a mix of constitutional provisions, statutory measures, administrative regulations, and EU law.
Internationally, Ireland has ratified most environmental treaties relevant to human rights. However, the explicit recognition of the right to a healthy environment remains pending in both houses of Ireland’s parliament. Despite this, the country continues to play an active role in advancing international recognition of environmental rights.
Peuntes Riaño emphasized that consistently applying policies and legislation to recognize the right to a healthy environment would help address existing gaps within Irish law. She stated, “Ireland stands at an important moment to reinforce environmental protection while strengthening human rights and democracy.”
As Ireland prepares to assume the presidency of the Council of the EU later this year, Peuntes Riaño urged the country to leverage this position to influence European leadership in protecting both people and the environment.
A comprehensive report detailing these findings and recommendations will be presented to the UN Human Rights Council in March 2027, potentially shaping future environmental policies in Ireland and beyond.
