Environmental and bioethical rights of future generations under Saudi laws

Journal article

At the Future Summit held in September 2024, the Declaration on Future Generations https://www.un.org/en/summit-of-the-future/declaration-on-future-generations. was issued, which represents one of the most important serious human rights developments from the international community to balance current and future generations, and achieve equitable development. In light of this important international recognition of the rights of future generations, this paper discusses the extent to which Saudi laws recognize future generations and protect their environmental and biological rights via four sections, the constitutional position on future generations, the justifications on which this is based, the obligations and duties in local laws, and the judicial situation. The Basic Law does not include clear assurances regarding the legal status of future generations. Instead, it includes sufficient provisions related to the protection of the environment, the protection of human rights, and just development, and justifications, including justice and equality. The Basic Law also allows for the state’s positive interactions regarding its international obligations in this area. Regarding the justifications, the ethical justifications on which the Saudi regulator relies in protecting environmental and bioethical rights are relatively similar to international justifications, such as the principles of justice and equality. As for the obligations and duties, there has been a positive improvement in the responsibility taken by the Legislative authority for future generations, but not comprehensive or balanced. Additionally, there is a dispersion in the judicial authorities concerned with environmental rights. Moreover, based on the principle of imminent danger, Saudi laws allow for the filing of a lawsuit with the private right to claim compensation after the damage has occurred. However, the right to claim does not extend to future generations due to the problem of their standing. In other words, the legal position protects the environmental and bioethical dimension regardless of future generations.

Authors: Alslamah, M

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Springer
• Journal: International Environmental Agreements: Politics, Law and Economics
• Volume: 26
• Issue: 1
• Pages: 145-164
• Publication date: 2025-10-06
• Acceptance date: 2025-09-18
• DOI: 10.1007/s10784-025-09693-x
• EISSN: 1573-1553
• ISSN: 1567-9764
• Language: English
• Keywords: Declaration on future generations; Sustainability; Environmental justice; Climate change