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MINORS OPOSA V. SECRETARY OF

THE DEPARTMENT OF
ENVIRONMENTAL AND NATURAL
RESOURCES

Key data
Date:

30 JUL 1993
Themes:

HEALTH AND WELFARE |

Title:
Minors Oposa v. Secretary of the Department of Environmental and Natural Resources

CRC:

Court/Judicial Body:
Supreme Court of the Philippines

Issue:

ARTICLE 27: STANDARD OF

LIVING |
ENVIRONMENT AND HABITAT |

Citation:
33 ILM 173 (1994)

Scope:

Date:
30 July 1993

Instruments:

Instrument Cited:
Constitution of the Philippines
Summary:
A group of children, including those of renowned environmental activist Antonio Oposa,
brought this lawsuit in conjunction with the Philippine Ecological Network, Inc. (a nonprofit organization) to stop the destruction of the fast disappearing rain forests in their
country.
The plaintiff children based their claims in the 1987 Constitution of the Philippines, which
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NATIONAL |
CASE LAW |

ORGANISATION
DETAILS:
NO ASSOCIATED
ORGANISATION

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The plaintiff children based their claims in the 1987 Constitution of the Philippines, which
recognizes the right of people to a balanced and healthful ecology and the right to
self-preservation and self-perpetuation (see Section 16, Article II). Oposa also raised
the idea of intergenerational equity before the court, which is the idea that natural
resources belong to people of all ages and that if adults were to harvest all of a
countrys resources, they would be stealing from their children, their childrens children,
and all future generations.

no associated organisation

The Supreme Court ruled in favor of the children, and made several groundbreaking and
powerful statements, finding:
The right to a clean environment, to exist from the land, and to provide for future
generations are fundamental.
There is an intergenerational responsibility to maintain a clean environment, meaning
each generation has a responsibility to the next to preserve that environment, and
children may sue to enforce that right on behalf of both their generation and future
generations.
The Philippine Constitution requires that the government protect and promote the health
of the people and instill health consciousness among them. (see Section 15, Article II).

Link to Full Judgement:

http://www.elaw.org/node/1343
This case summary is provided by the Child Rights International Network for
educational and informational purposes only and should not be construed as legal
advice.

Countries
Philippines

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activities of CRIN's coordination team.
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activities of CRIN's coordination team.

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