NGOs vs. authorities over lack of updated regulations on maximum pollution limits in Mexico

Location

Ciudad de México Mexico

Status
Closed
Start date
2013
Date of judgment or latest existing decision
On July 24, 2018, the CNDH issued Recommendation 32/2018.
Summary

The CNDH received a complaint regarding the lack of updating of the maximum limits of pollutants contained in the official Mexican standards (NOM) on environmental health, as well as the inadequate distribution in the national territory of good quality gasoline and diesel (which ensures proper functioning of motor vehicles and low emissions to the atmosphere).

The CNDH recognized that air "is an essential part of the human right to a healthy environment" and in that sense recommended the following to the competent authorities in the matter: "issue, update and properly comply with the NOMs and implement the necessary programs and measures that lead to reducing the levels of urban air pollution.

Climate element

The recommendation acknowledges that the problem of urban air pollution is broad and not limited to the issues raised in the complaints, and therefore addresses other areas, including climate change. It states that climate change is "another effect of urban air pollution" and constitutes the most significant challenge currently facing humanity.

The text acknowledges that Mexico has been assessed as having insufficient development of public policies at the national level regarding actions to reduce pollutants that influence climate change.

Furthermore, it is noted that the inadequate and insufficient adoption of concrete measures at the national level to mitigate the effects of climate change, taking into account urban air pollution, constitutes a breach of human rights obligations on the part of the authorities involved. Therefore, it is crucial for the Commission to address the adverse effects of climate change, which are exacerbated by urban air pollution, resulting in a violation of the right to a healthy environment recognized in the Constitution and international instruments to which Mexico is a party.

Claimants
  • Mexican Center for Environmental Law, AC (CEMDA)
Defendants
  • Secretaries of Environment and Natural Resources, Energy, Economy and Health.
  • President of the Energy Regulatory Commission.
  • Federal Attorney for Environmental Protection.
  • Governors of the States of the Republic.
  • Head of Government of Mexico City.
  • Municipal presidents.
Supporting organizations
Bicitekas
El Poder del Consumidor
Fundación Tláloc
Red por los Derechos de la Infancia en México (Redim)
Centro de Transporte Sustentable
Territorial context

In recent years, Mexico has been severely affected by urban air pollution. Mexico is one of the 15 countries that emit the most greenhouse gases in the world, with 665 million tons of carbon dioxide emitted in 2013. The impacts of urban air pollution cause ecological imbalance and serious air quality deterioration in the country, especially in large urban areas where pollutant levels exceed the maximum limits established by national standards and international guidelines.

Only 40% of the population in Mexico is aware of air quality information, as most cities lack monitoring data. Up-to-date air quality information is essential for formulating preventive and corrective measures related to environmental and public health policy.

Rules and principles invoked

Standards

  • International Covenant on Economic, Social and Cultural Rights.
  • Rio Declaration on Environment and Sustainable Development.
  • United Nations Framework Convention on Climate Change.
  • Kyoto Protocol.
  • Additional Protocol to the American Convention on Economic, Social and Cultural Rights.
  • Political Constitution of the United Mexican States.
  • Law of the National Human Rights Commission.
  • General Law of Ecological Balance and Environmental Protection and its Regulations.
  • Internal Regulations of the Ministry of Environment and Natural Resources.
  • General Law on Climate Change and its Regulations.
  • Federal Law on Metrology and Standardization.
  • Official Mexican Standards.

Beginning:

  • Caution.
  • Progressiveness.
  • Common but differentiated responsibilities.
Instance
Autonomous Agency
Actor type
Civil society organization
Topic
Air pollution
Obligations of States
Environmental protection
Violation of human rights
Defendant type
State
Grounds for claim
Right to a healthy environment
National legislation
Regional or international treaties