The right of access to information in Argentine environmental law

Abstract

Abstract

This paper analyzes the right of access to information within the Argentine environmental legal framework. It explores its constitutional foundations, its incorporation into the applicable statutory regime, and the relevant jurisprudential developments. It first outlines the general regulation at the national level, initially established through Decree 1172/03 and subsequently consolidated by Act No. 27.275 on Access to Public Information. It also analyzes the interpretative standards adopted by the National Supreme Court, drawing in particular on the jurisprudence of the Inter-American Court of Human Rights, particularly the Claude Reyes judgment.The discussion then contrasts this general framework with its specific configuration in environmental law. In this regard, the paper underscores the significance of Article 41 of the Argentine National Constitution and the system of minimum environmental standards, which mandates the federal government to enact uniform rules applicable throughout the national territory, thereby ensuring a baseline and equitable level of protection of this right across jurisdictions. Special consideration is given to Act No. 25.675 (General Environmental Act) and Act No. 25.831 on Access to Environmental Public Information. The analysis also identifies relevant provisions in sectoral statutes—native forests, glaciers, waste management, and climate change—that impose, to differing degrees, obligations to generate, update, and disseminate environmental information.Finally, the paper evaluates the impact of the Escazú Agreement, which elevates standards concerning transparency, maximum disclosure, and the protection of information requesters. It concludes that access to environmental information constitutes a fundamental instrument for strengthening active citizenship and for ensuring effective environmental protection.