Political and Public International Law › Public International Law › International Environmental Law › Rio Declaration (1992)

e. Intergenerational Equity

Intergenerational Equity

Concept

Intergenerational equity concerns fairness between people living now and those who will live in the future. Principle 3 of the Rio Declaration expresses this concern through the right to development: its fulfillment must equitably meet the developmental and environmental needs of both present and future generations. The principle does not set aside present needs; it requires future needs to be considered alongside them. (Principle 3, Rio Declaration)1

Governing provisions

  • Rio Declaration, Principle 3: The right to development is to be fulfilled with equitable regard for the developmental and environmental needs of present and future generations. (Principle 3, Rio Declaration)1
  • 1987 Constitution, Article II, Section 16: The State shall protect and advance the people’s right to a balanced and healthful ecology in accord with the rhythm and harmony of nature. (Art. II, Sec. 16, 1987 Const.)2
  • Republic Act No. 9729, Section 2: State policy links the protection of a healthful ecology with a framework for fulfilling human needs while maintaining the quality of the natural environment for current and future generations. (Sec. 2, Rep. Act No. 9729)3

Requisites / Rules

  • Consider both kinds of need: Principle 3 refers to developmental needs and environmental needs. Its time dimension applies to each, rather than treating development as a concern only of the present or environmental protection as a concern only of the future. (Principle 3, Rio Declaration)1
  • Consider both generations: The measure stated in Principle 3 is equitable treatment of the needs of present and future generations. Section 2 of Republic Act No. 9729 likewise expressly refers to current and future generations when describing the quality of the natural environment to be maintained. (Principle 3, Rio Declaration)1 (Sec. 2, Rep. Act No. 9729)3

Distinctions

Principle 3 expressly addresses fairness across generations in fulfilling the right to development. Article II, Section 16 states the constitutional duty to protect and advance the people’s right to a balanced and healthful ecology; it does not use Principle 3’s express present-and-future-generations formulation. Section 2 of Republic Act No. 9729 supplies that express temporal reference in its statement of State policy. (Principle 3, Rio Declaration)1 (Art. II, Sec. 16, 1987 Const.)2 (Sec. 2, Rep. Act No. 9729)3

Key doctrines

The supplied provisions frame intergenerational equity as a concern shared by development and environmental protection. The Rio formulation calls for equitable attention to needs over time, while the Philippine statutory policy speaks of fulfilling human needs without losing sight of environmental quality for current and future generations. The constitutional provision anchors the discussion in the State’s duty concerning a balanced and healthful ecology. (Principle 3, Rio Declaration)1 (Sec. 2, Rep. Act No. 9729)3 (Art. II, Sec. 16, 1987 Const.)2

Bar tip

When asked about intergenerational equity, identify the two time horizons and the two kinds of need in Principle 3. Then connect them to Article II, Section 16 and the express reference to current and future generations in Republic Act No. 9729. (Principle 3, Rio Declaration)1 (Art. II, Sec. 16, 1987 Const.)2 (Sec. 2, Rep. Act No. 9729)3

Authorities

  • Art. II, Sec. 16, 1987 Const.
  • Principle 3, Rio Declaration
  • Sec. 2, Rep. Act No. 9729