CLIMATE EMERGENCY AND HUMAN RIGHTS: SCOPE OF LEGAL INSTRUMENTS AGAINST CLIMATE CHANGE IN MEXICO

Air pollution is one of the main problems of our societies and great efforts have been made to reach binding agreements that stop, as far as possible, climate change.  Several countries and institutions have recently declared the existence of a state of climate emergency, so the analysis of the existing legal instruments to deal with this problem is necessary.  In this paper we analyze the existing legal instruments in Mexico for the fight against climate change, in light of the concept of climate emergency.  We will begin with the review of the legal framework in the matter provided for in administrative law, we will continue with criminal law and we will end with a reflection on a hypothetical human right to clean air and a balanced climate, which has not yet been recognized.  We will carry out a documentary investigation and we will use the analytical method to draw conclusions from these.