The Rights of Future Generations, and Representing them in the Present

Abstract

The Vedegylet, a civic organisation for environment protection presented 1990 a private draft for an Act on the Ombudsman of Future Generations. In this article the author of the Draft Law describes the background to the Law. After a short survey of the development of the idea of a guardian of future generations in international law the author discusses whether future generations can have "rights" and whether future interests can be anticipated. The article raises structural questions of the proposed ombudsman (who represent whom, before what institution) and points out the differences between the existing ombudsmen defending individual rights and the speaker of future generations, the latter being rather a representative of environmental interests and a mediator. Finally the author shows how the Hungarian Constitutional Court created favourable conditions for introducing the new institution.