This study examines the relationship between humankind and nature through the lens of major religious and philosophical traditions, highlighting the historical and legal influences that have shaped its evolution. The contrast between anthropocentric and ecocentric perspectives, and their respective impacts on models of development and natural resource management, plays a pivotal role in contemporary reflections on environmental sustainability. The encyclical Laudato Si’ offers a holistic vision of the environment and social justice, underscoring the need for an ecological conversion as a response to the global environmental crisis. It advances an integrated approach that links the care of Creation to the protection of human dignity and the well-being of future generations. A comparative analysis of constitutional provisions on environmental protection across different jurisdictions is undertaken, with particular attention to the recent reform of the Italian Constitution and its implications for environmental law. The inclusion of environmental protection among the fundamental principles raises issues of balance with other rights, including economic initiative and health protection. Climate change disproportionately affects the most vulnerable segments of the population, exacerbating social inequalities and posing new challenges for environmental justice. Global initiatives aim to strengthen the protection of at-risk communities through legal and financial instruments such as the Loss and Damage Fund. At the international level, climate change litigation has evolved through increasingly significant cases, addressing legal challenges related to the recognition of environmental rights. Litigation emerges as a means of bridging regulatory gaps and compelling governments and corporations to assume greater environmental responsibility. The interplay between ethics, law, and activism is shown to be essential for ensuring effective environmental protection, with international institutions and climate litigation playing a central role in promoting sustainable development models oriented toward biodiversity conservation and the reduction of polluting emissions.
Bicchiri, M., La Custodia del Creato attraverso la Giustizia Ambientale, in Direitos Fundamentais na Perspectiva Ítalo-Brasileira, vol. V., in Repositório Iberojur., (webinar, 24-January 25-August 2025), Iberojur Science Press, Porto 2025: 16-48. [10.62140/MB162025] [https://hdl.handle.net/10807/320358]
La Custodia del Creato attraverso la Giustizia Ambientale
Bicchiri, Matteo
2025
Abstract
This study examines the relationship between humankind and nature through the lens of major religious and philosophical traditions, highlighting the historical and legal influences that have shaped its evolution. The contrast between anthropocentric and ecocentric perspectives, and their respective impacts on models of development and natural resource management, plays a pivotal role in contemporary reflections on environmental sustainability. The encyclical Laudato Si’ offers a holistic vision of the environment and social justice, underscoring the need for an ecological conversion as a response to the global environmental crisis. It advances an integrated approach that links the care of Creation to the protection of human dignity and the well-being of future generations. A comparative analysis of constitutional provisions on environmental protection across different jurisdictions is undertaken, with particular attention to the recent reform of the Italian Constitution and its implications for environmental law. The inclusion of environmental protection among the fundamental principles raises issues of balance with other rights, including economic initiative and health protection. Climate change disproportionately affects the most vulnerable segments of the population, exacerbating social inequalities and posing new challenges for environmental justice. Global initiatives aim to strengthen the protection of at-risk communities through legal and financial instruments such as the Loss and Damage Fund. At the international level, climate change litigation has evolved through increasingly significant cases, addressing legal challenges related to the recognition of environmental rights. Litigation emerges as a means of bridging regulatory gaps and compelling governments and corporations to assume greater environmental responsibility. The interplay between ethics, law, and activism is shown to be essential for ensuring effective environmental protection, with international institutions and climate litigation playing a central role in promoting sustainable development models oriented toward biodiversity conservation and the reduction of polluting emissions.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



