Abstract
Keywords
Introduction
This article delves into the transformative potential of legal recognition, presenting a comparative analysis of the extent to which the SDGs have been incorporated into Finland, Sweden, Brazil, Germany, Cuba, Chad, Bolivia, Iran, South Africa, Kenya, Australia, and India’s constitutional frameworks. All these countries are UN member states and, accordingly, have agreed to achieve the SDGs. This comparative analysis reveals that while constitutional alignment provides a valuable foundation, it is merely one piece of the puzzle. Effective implementation, political will, and context-specific strategies are equally essential for translating the SDGs from aspirations into reality.
The 2030 Agenda for Sustainable Development, established by United Nations (UN) member states in 2015, presents a visionary roadmap of seventeen interrelated Sustainable Development Goals (SDGs). 1 Their adoption signifies a commitment to fostering a comprehensive, equitable, and sustainable global development agenda, necessitating collective international action. However, to achieve their objectives, mere international commitments are insufficient. A pivotal strategy involves integrating the SDGs into national constitutions, intertwining legal frameworks with the pursuit of sustainable development. 2
In 2023, the UN Secretary-General urged world leaders to deliver a rescue plan for people and the planet, based on three breakthroughs: equipping governance and institutions for sustainable and inclusive transformation; prioritising policies and investments that have multiplier effects across the SDGs; and securing SDG financing. 3 The UN Secretary-General further offered five broad recommendations and specified several actions governments could take to support each. These include recommitting to accelerated, sustained, and transformative action; advancing concrete, integrated, and targeted policies and actions; and improving national and subnational capacity. 4
In the dynamic landscape of global governance, the SDGs stand as a beacon, guiding nations toward a more sustainable and equitable future. As these goals permeate countries’ agendas worldwide, this article explores the transformative potential of integrating the SDGs into national constitutions and considering transnational constitutionalism. 5 The aim is to provide a comparative analysis of how different countries have incorporated the SDGs into their constitutional frameworks, highlighting unique opportunities and challenges in each context. A comparative constitutional analysis of Finland, Sweden, Brazil, India, Australia, Germany, Cuba, Chad, Bolivia, Iran, Kenya, and South Africa provides a rich understanding of how different socio-political contexts influence the integration of the SDGs into constitutional frameworks. The insights achieved in this paper are based on desktop research that involved analysing constitutional provisions, legal mechanisms, and policies related to the SDGs in the selected countries.
SDGs, Legal and Policy Implications
The status of the SDGs
The SDGs were established as a universal call to action to end poverty, protect the planet, and ensure that all people enjoy peace and prosperity by 2030. Specifically, these goals entail:
The SDGs are meant to be universal, changeable, and immediately implementable through locally adapted laws and policies, giving governments enough flexibility to comply with and locally transpose existing international agreements. Thus, the legal status of the SDGs is not a matter of whether they constitute hard law or soft law, but rather the feasibility of their implementation and how they can be effectively translated into action. Despite not being legally binding, the SDGs have already had a substantial influence on local legislation and have been a significant driver of policy and action at the national and international levels. 6
However, the implementation of these goals varies across different countries. For example, an analysis of the Voluntary National Reviews (VNRs) of nineteen countries with varying income levels, indicates that SDGs 1 and 8 are by far the most widely prioritised by national governments, while SDG 12 is among the least prioritised, shortly followed by SDGs 5 and 10. 7 Another study found that the Organisation for Economic Cooperation and Development countries (including Sweden, Finland, Australia, and Germany) are at an advanced stage in achieving various SDGs; in BRICS countries (including Brazil, India, and South Africa), government plans dominate in the process of implementing the SDGs; and in the least developed countries, such as Chad, the most basic and urgent SDGs are prioritised for implementation. 8
Per recent reports, the progress towards achieving the SDGs has been slow and uneven, with many targets going in reverse due to the COVID-19 pandemic, climate change, and regional conflict. 9 The UN’s Children’s Fund flagship report highlights that in the most impoverished regions, one in five children are under-immunised, compared to one in twenty in wealthier regions. 10 The World Inequality Report highlights the extent of wealth and income inequality both between and within countries. 11 The world has returned to hunger levels last witnessed in 2005, and food prices remain elevated in more countries compared to 2015 to 2019. 12 Currently, it would require 286 years to eliminate gender gaps in legal protection and eradicate discriminatory laws. 13
Greenhouse gas emissions are also rising, and global temperatures are expected to surpass the critical tipping point of 1.5°C above industrial levels. 14 Records indicate that global temperatures have already exceeded 1.35°C above pre-industrial levels. 15
While some gains have been made since 2015, the overall message is stark: the promises enshrined in the SDGs are in peril. 16 Urgent action is needed to ignite progress.
The SDGs’ role in international law and the domestication of international law in different jurisdictions
The relationship between the SDGs and international law is complex, as the SDGs are not formal international law, but they are grounded in and consistent with existing international commitments. The SDGs can, thus, be seen as a framework that interacts with and complements international law, providing a normative environment for sustainability. 17 Accordingly, playing a significant role in shaping international law and influencing the domestication of international law in various jurisdictions.
Consequently, the integration of SDGs into legal frameworks reflects a commitment to addressing global challenges and advancing sustainable development at both the international and national levels. However, it has been argued that while the SDGs and international law share a nexus, a clear long-term vision for sustainable development beyond 2030 is needed to fully leverage this nexus for sustainable development. 36
The law’s impactful potential: Integrating SDGs into national constitutions
The role of the law in the context of the SDGs is pivotal, with significant impact potential on the realisation of these global objectives. This includes examining the legal implications associated with integrating and domesticating the SDGs into national constitutions.
When nations integrate the SDGs into their constitutions, it signifies a formal commitment to aligning domestic policies, laws, and frameworks with the principles and targets outlined in the SDGs. 37 This legal incorporation elevates the status of the SDGs within the national legal system, providing a solid foundation for their monitoring, implementation and enforcement. 38 However, the actual implementation of this commitment is not seldom hampered or influenced by domestic politics, pre-existing institutions, and power relations. 39 The legal implications of this integration are multifaceted. Firstly, it enhances the enforceability of SDG-related commitments, as constitutional provisions in the hierarchy of laws hold a higher legal standing compared to ordinary laws. 40 This ensures that the principles enshrined in the SDGs are not merely aspirational but carry legal weight, allowing for legal remedies in case of non-compliance. 41
Secondly, integrating the SDGs into national constitutions enhances the domestic legal framework for institutionalising sustainable development. This among others involves aligning existing legal mechanisms, policies, and regulations with the SDGs, ensuring a coherent and coordinated approach across different sectors of the government. 42 However, there may also be challenges and trade-offs involved in this process, such as the need to balance the interests of different stakeholders, the availability of resources and capacities, and the compatibility of the SDGs with the existing legal and institutional frameworks. 43 Therefore, Okitasari et al emphasise the importance of robust governance mechanisms, interlinkages between SDGs and other agendas, and integration into budgetary processes. 44 Gustafsson and Ivner highlight the role of municipalities in implementing the SDGs, suggesting the need for an integrated approach and the utilisation of existing management procedures. 45 Hassan et al. argue for parliamentary reform to enhance inclusivity, transparency, and accountability, aligning legislative, budgetary, and oversight activities with the SDGs. 46
Moreover, the legal implications extend to the accountability mechanisms inherent in constitutional governance. Citizens are empowered with legal tools to hold governments accountable for their progress or lack thereof in achieving the SDGs. This legal accountability fosters transparency, citizen participation, and judicial oversight, creating an accommodating and dynamic legal environment for sustainable development. 47
Analysed Constitutions
Sweden
Sweden is a constitutional monarchy with a legal system and an economy characterised by a strong focus on the rule of law, property rights, and a competitive open mixed economy. Sweden’s legal system is based on civil law, with a demarcation of jurisdiction between courts and administrative authorities. The Constitution is based on four fundamental laws, namely the Instrument of Government 1974: 152 (amended by 2022:1600), which contains the central provisions and corresponds most closely to the constitution of other countries; the Act of Succession 1810 (as amended by 1979), which regulates the order in which descendants of the present King shall succeed to the throne; the Freedom of the Press Act 1949:105 (amended by 2022:1524), which contains the principle of the public nature of official documents and rules about the right to produce and disseminate printed matter; and the Fundamental Law on Freedom of Expression 1991:1469 (amended by 2022:1525), which is a fundamental law for media other than print media. In addition, Sweden has a Riksdag Act 1974:153 (amended by 2014:801), containing detailed rules about the work procedures of parliament. Along with Germany and Finland investigated in our article, Sweden is a member of the European Union (EU).
Sweden adheres to the dualist approach to international law. 48 The dualist approach views international legal norms as not inherently binding on domestic legal systems, necessitating governments to adjust their domestic laws to comply with international obligations. 49 Conversely, the monist approach regards international law as an integral component of the domestic legal order, where international law holds precedence over national law within the monistic framework. Chapter 10 Part 2 Article 3 on international relations in the Instrument of Government explicitly states that the Swedish parliament’s approval is required before international agreements become binding.
With its strong tradition of environmental consciousness, the SDGs play a pivotal role in Sweden’s international law considerations and serve as a guide for domestic policies, emphasising inclusive and sustainable development. 50 The country has established a national monitoring system to track progress towards the SDGs, and Statistics Sweden has been tasked with coordinating the indicator-based follow-up on the 2030 Agenda. 51 In February 2020, the government appointed a national coordinator for the 2030 Agenda (Natsam2030), whose mandate is to support the government in implementing the 2030 Agenda. 52 The Swedish government has also adopted an action plan for Agenda 2030 for the period 2018–2020. 53 A recently appointed investigator has also been tasked with conducting a review of the national forest policy to formulate a future forest policy that fosters sustainable Swedish forestry and facilitates the growth of the bio-economy in the long term. 54
Sweden, as with the other countries discussed, does not explicitly mention the SDGs within its constitutional framework. However, both the Freedom of the Press Act and the Fundamental Law on Freedom of Expression guarantee freedom of information and expression, crucial for public awareness, participation, and holding the government accountable for achieving the SDGs. The Instrument of Government further outlines key policy aims, emphasising the exercise of public power with respect for the equal worth, liberty, and dignity of individuals. It prioritises the personal, economic, and cultural welfare of individuals, securing rights to health, employment, housing, and education. The institutions must work towards ensuring equal participation and combating discrimination based on various factors, including gender, race, national origin, etc. Public institutions must also promote sustainable development leading to a good environment for present and future generations. Additionally, opportunities are to be promoted for the Sami people and ethnic, linguistic, and religious minorities to preserve and develop their cultural and social life.
Accordingly, connections are made to SDGs 1, 3–5, 8, 10, and 16. The Swedish Environmental Code 1998:808 (amended by 2018:1427) further emphasises environmental responsibility, sustainable development, and the right to a healthy and sound environment, supporting SDGs 13–15. 55
Sweden ranks 2/166 on the SDG Index. 56 Accordingly, Sweden has been recognised for its efforts in implementing the SDGs, with local-level actions playing a key role in its progress. 57 Sweden’s position as a leader among the EU countries in the field of sustainable energy development is attributed to legislative activities and taxation that promote energy efficiency, indicating the country’s commitment to achieving SDG 7. 58 Furthermore, Sweden’s commitment to the SDGs is reflected in its national strategy for investment in wetlands, actively implementing the indivisible target of SDG 15. 59 In the context of policy translation and accountability preparation, Sweden’s reporting to the UN High-Level Political Forum has been identified as a key function of SDG reporting, indicating the country’s active engagement with the global agenda. 60 Moreover, Sweden has been recognised as the country that made the most significant progress towards SDG 8 from 2015 to 2018. 61 In December 2020, the parliament approved a government bill with an overarching objective for the implementation of the 2030 Agenda. 62 However, despite progress, income and wealth inequalities are said to persist, impacting access to healthcare, education, and other opportunities. 63 Also, the government has been criticised for being lackadaisical in updating its 2030 Agenda action plan. 64
Finland
Finland has a parliamentary democracy with a multiparty political system and a civil law tradition. Finland’s economy is characterised by a high level of industrialisation and a market that is largely free. The Constitution is established in the Constitutional Act 731 of 1999 (amended by 817 of 2018). Sections 93–95 of the Constitution clarify that Finland follows a dualist approach to international law.
Finland, known for its commitment to sustainability, has made significant strides in implementing the SDGs within its policy framework. 65 In 2016, the Finnish Environment Institute and Demos Helsinki collaborated with key actors of sustainable development in Finland to launch the Sustainable Development Key Issues and Action Plan 2030 (Avain2030) project. 66 This short-term initiative aimed to offer a comprehensive picture of Finland’s implementation of Agenda 2030; identify Finland’s strengths and weaknesses compared to other countries in terms of achieving the SDGs; and analyse the effectiveness of the indicators proposed to monitor progress toward the SDGs. The Finland We Want by 2050 serves as the country’s national interpretation of the SDGs; it outlines a shared vision and long-term strategy for a sustainable and prosperous future for Finland. 67 The Finnish government’s Report on the Implementation of the 2030 Agenda outlines the country’s strategies and commitments to achieving the SDGs by 2030. It focuses on two central themes: carbon neutrality and resource efficiency; and non-discrimination, equality, and competence. 68 The 2030 Agenda Roadmap provides a more detailed plan with concrete actions, timelines, and responsibilities for various stakeholders to achieve specific SDG targets. 69 There is also the annual public discussion forum on the SDGs, which serves as a platform for open dialogue, fostering collaboration, and generating innovative ideas for implementing the SDGs in Finland. 70 The SDGs contribute to shaping Finland’s international engagements and influence domestic legislation, emphasising environmental conservation and social equity. 71
While the SDGs are not explicitly mentioned within the Constitutional Act, several elements within Finland’s legal system and government policies align with various SDG goals. To illustrate, the Constitution provides the right to a healthy environment and places the responsibility for nature and its biodiversity, the environment, and the national heritage on everyone (Section 20) 72 , thereby, supporting SDGs 13–15. 73
The Constitution further promotes equality and non-discrimination (Section 6); and guarantees education (Section 16); social security (Section 19); decent work (Section 18); and cultural rights (Section 17), reflecting SDGs 1, 3–5, 8, and 10.
The Constitution also establishes a framework for accountable and transparent governance, including provisions for public participation (Sections 2 and 13-14); access to information (Section 12); access to courts (Section 21); and independent oversight institutions (Sections 3 and 90). These aspects align with SDG 16.
Finland ranks 1/166 on the SDG Index. 74 Finland has demonstrated a commitment to policy coherence across Agenda 2030 and the SDGs, particularly regarding coordination structures across government. 75 The Finnish education system seamlessly incorporates the principles of sustainable development. 76 Finland, despite being a frontrunner in many international sustainability comparisons, still faces several challenges in fully implementing the SDGs, most notably due to its biodiversity facing threats from habitat fragmentation and the pressures of intensive forestry practices. 77
Kenya
Kenya’s legal system is based on statutory law, British common law, customary law, and Islamic law. The Kenyan legal environment underwent significant changes following the enactment of a new Constitution in 2010, which addressed longstanding political and socio-economic problems that had hindered progressive development. The Constitution created a devolved system of government, transferring power from the national level to 47 newly created county governments, and affected virtually every law in Kenya. 78 Kenya also has a highly diversified and dynamic economy.
Article 2(5) of the Constitution provides that the general rules of international law shall form part of the laws of Kenya. Article 2(6) further stipulates that any treaty or convention ratified by Kenya shall form part of the law under the Constitution. However, in practice, Kenya’s approach to international law is a hybrid of both dualism and monism. 79
The Kenyan Constitution, while not directly mentioning the SDGs, does contain correlating provisions and principles. The Constitution guarantees the right to a clean and healthy environment (Article 42); to clean and safe water in adequate quantities and to reasonable standards of sanitation (Article 43(1)(b) and (d)); promotes sustainable exploitation, management, and conservation of natural resources (Articles 60(1)(c) and 69(1)(a)); and places a duty on both the state and citizens to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources (Article 69(2)). These provisions support SDGs 6 and 12–15. 80
The Constitution promotes equality and non-discrimination based on various factors (Article 27); guarantees fundamental rights, such as healthcare and education (Articles 43(1)(a) and (f)); provides cultural rights and freedoms (Article 44); grants the right to be free from hunger, to have adequate food of acceptable quality, and social security (Article 43(1)(c) and (e)); and recognises the rights of marginalised groups, including women, persons with disabilities, the elderly, and children (Articles 21(3), 53–54, and 56–57). These provisions contribute to SDGs 1–5 and 10.
The Constitution also establishes a framework for accountable and transparent governance, including provisions for public participation (Articles 36 and 38); access to information (Article 35); fair administrative action (Article 47); and independent oversight institutions (Articles 79 and 160). These aspects align with SDG 16.
Kenya integrates the SDGs into its legal and policy frameworks, reflecting a commitment to global sustainability. 81 For instance, the 2023 Kenyan Agricultural Management Policy gives progressive domestic meaning to various SDGs (1, 3, 6, 13, and 15). 82
Moreover, Kenya has Vision 2030, which is a crucial element in understanding the country’s aspirations and efforts towards sustainable development. 83 The Fourth Medium-Term Plan serves as Kenya’s blueprint for development from 2023 to 2027. 84 It builds upon the vision outlined in Vision 2030 and translates it into concrete actions and targets for the next five years. The Big Four Agenda is an integral part of Kenya’s Vision 2030, comprising four priority areas: food security; affordable housing; manufacturing; and affordable healthcare. 85 Kenya’s National Energy Policy further serves as a crucial roadmap for guiding the country’s development and utilisation of its energy resources, aligning with SDG 7. 86
Kenya ranks 123/166 on the SDG Index. 87 The country has demonstrated a strong political commitment to achieving the SDGs, as evidenced by the adoption of the Health in All Policies approach. 88 However, Mutea et al found that achieving SDG 2 by 2030 will likely remain challenging for Kenya, indicating the need for further interventions and policy adjustments to address food security in the country. 89 Moreover, despite improved healthcare access, maternal and child mortality rates remain high, hindering SDG 3. 90 Nyakwaka and Chelang’a further identify several hindrances to achieving SDG 16 in Kenya, including a lack of adequate resources; lack of capacity, technology, infrastructure, and political will; corruption and bribery; and poor implementation of laws and regulations. 91
Brazil
Brazil follows the civil law tradition and has a highly diversified economy, being the ninth largest in the world and the largest in South America. 92 The federal constitutional text was enacted in 1988, with the alterations established in 1992 through 2022. Brazil is a dualist country in terms of its approach to international law (Article 5(LXXVIII)(§3)).
Akin to the other constitutions analysed, the Brazilian Constitution does not explicitly mention the SDGs but does have numerous existing provisions and principles that strongly align with various goals. The Constitution guarantees the right to an ecologically balanced environment (Article 225), which both the government and community must defend and preserve for present and future generations; emphasises the sustainability principle for resource use (Article 225(§1)); and requires the adequate use of available natural resources in line with the preservation of the environment (Articles 186(II) and 225(§4)). These provisions support SDGs 12–15. 93
The Constitution guarantees fundamental rights, such as healthcare, social security, education, and decent work (Articles 6-7, 196-197, 200, 203, 205-206, and 208); promotes cultural rights (Article 215), equality and non-discrimination (Articles 3(IV) and 5); and acknowledges the rights of marginalised groups, such as the elderly and indigenous peoples (Articles 230–232). These provisions contribute to SDGs 1, 3–5, and 10.
The Constitution establishes a framework for accountable and transparent governance, including provisions for public participation (Article 1 (sole paragraph)); access to information (Article 5(XIV and XXXIII)); and independent oversight institutions (Article 2). These aspects align with SDG 16.
Brazil incorporates the SDGs into its legal landscape, reflecting a commitment to global sustainability. 94 There is the Agenda for a More Sustainable Brazil, which presents concrete proposals to achieve the SDGs. 95 Brazil ranks 50/166 on the SDG Index. 96 Case studies, such as the one in the municipality of Birigui, São Paulo State, underscore the significant progress made in implementing the SDGs, particularly at local levels. 97 However, the successful realisation of the SDGs in Brazil requires higher levels of capacity, leadership, and proper institutional design to achieve collaboration for producing coherent and integrated policies. 98 Renwick et al further found that, in practice, the indigenous people (with a focus on the Kaingang people) in Brazil are experiencing renewed threats to their indigeneity. 99 Araújo further maintains that the National Commission for the Sustainable Development Goals in Brazil is a weak governance instrument, with limited social participation, and underrepresentation of subnational governments. 100
Chad
Chad has a mixed economic system, with much of the population relying on subsistence farming and livestock, while private sector development depends on foreign capital. The country has a mixed legal system of civil and customary law. The country has been ruled by a military government following the death of former President Idriss Débyin 2021. 101 The current transitional president is General Mahamat Idriss Déby, who is the son of the late President. As a result of the institutional changes, a referendum was held in December 2023 to revise provisions in the Constitution of 2018 in favour of establishing autonomous communities, consolidating the power of the presidency, and strengthening the military’s role. 102 Based on Articles 222–224 of the Constitution, Chad follows a monist perspective on international law.
The Chadian Constitution does have a few provisions and principles that align with various SDG goals. The Constitution recognises the right to a healthy environment (Article 51), the protection of which is a duty for all (Articles 52 and 57); guarantees fundamental rights such as education and decent work (Articles 38–40, 35, and 37); promotes culture, equality, and non-discrimination (Articles 13-14 and 36); provides for the disabled (Article 44); and recognises the political rights of marginalised groups such as women (Article 34). These interlink with SDGs 4-5, 8, 10, and 14-15. The Constitution also establishes a framework for accountable and transparent governance (Article 55), including provisions for public participation for citizens living abroad (Article 60), which supports SDG 16.
The country’s focus on the SDGs is evident in its participation in initiatives related to nutrition and sustainable food systems, as outlined in the Chad country strategic plan (2019–2023) by the World Food Programme. 103 Additionally, the EU’s Multiannual Indicative Programme for Chad for 2021–2024 aims to have a lasting transformational impact on the stability and long-term development of the country, which is linked to the Global Gateway strategy. 104 Another supporting mechanism is Chad’s Vision 2030, which is aligned with the SDGs and has four main pillars: strengthening national unity; strengthening good governance and the rule of law; developing a diversified and competitive economy; and improving the quality of life of Chadians. 105 There is also the First National Climate Change Adaptation Plan, which is a significant step forward in the country’s efforts to address the challenges posed by climate change (SDG 13). 106
Chad ranks 164/166 on the SDG Index. 107 Per 2021 records, 57%of children of primary school age are not in school. 108 While the poverty rate has fallen from 46.7%in 2011 to 42.3%in 2019, significant challenges remain. 109 For instance, according to 2020 studies, only 5%of the Chadian population is accessing safely managed water. 110
South Africa
South Africa’s legal system is based on Roman-Dutch law, British common law and (African or traditional) customary law also playing a role. The country has a mixed economy, with key areas of economic activity including mining, agriculture, and manufacturing. Along with Chad and Kenya, South Africa forms part of the African Union (AU) among the African countries investigated for this article. 111 South Africa is among others also a member of the Southern African Development Community (SADC). 112
Section 231 of the Constitution confirms that international agreements are only binding once they have been approved by resolution in both the National Assembly and the National Council of Provinces and enacted into national legislation. Section 232, however, provides that customary international law is law in the country unless it is inconsistent with the Constitution or an Act of parliament. Therefore, South Africa’s approach to international law is a hybrid of monism and dualism. 113
Numerous provisions in the Constitution, which was adopted in 1996 (amended to 2012), strongly align with various SDG goals, creating a foundation for pursuing sustainable development efforts in the country. Prominent is the incorporation of the essence of the
The Constitution further guarantees fundamental rights, such as healthcare (including access to sufficient food and water), reproduction, social security, access to housing, and education (Sections 12(2), 26-27, and 29); promotes equality and non-discrimination (Section 9); respects cultures (Sections 30-31 and Chapter 12 on traditional leaders); and recognises the rights of marginalised groups such as children (Section 28). These connect with SDGs 1–6 and 10.
Additionally, the Constitution establishes a framework for accountable and transparent governance, including provisions for access to information (Section 32); just administrative action (Section 33); access to courts (Sections 34 and 38); and independent oversight institutions (Chapter 9), which link with SDG 16.
The SDGs also inform South Africa’s international engagements and contribute to the development of domestic laws, emphasising social equality and environmental sustainability. 116 For example, Section 24(b)(iii) of the Constitution expressly provides that everyone has the right to have reasonable legislative and other measures taken to ensure ecologically sustainable development. The National Environmental Management Act 107 of 1998 (amended by 25 of 2014) (NEMA) defines sustainable development in Section 1 as ‘the integration of social, economic, and environmental factors into planning, implementation, and decision-making to ensure that development serves present and future generations.’ The Act in Section 2(4) also provides for eighteen key principles of sustainable development that must be followed, emphasising the importance of environmental management that places people and their needs at the centre of decision-making. South African case law also offers a rich tapestry of judgments addressing social and economic inequalities, promoting human rights, and ensuring environmentally sustainable development. 117
Another supporting mechanism is the National Development Plan, which is a comprehensive blueprint for South Africa’s social and economic development. 118 South Africa also has its Just Transition Framework, which is a comprehensive plan for transitioning to a climate-resilient and zero-carbon economy, while ensuring fairness and equity. 119 It focuses on distributive, restorative, and procedural justice principles to address inequality, create jobs, alleviate poverty, restore natural systems, and ensure inclusivity. Adopted in 2022, it is backed by the Just Energy Transition Partnership, comprising several countries and organisations. The Framework emphasises the need for significant capital mobilisation, aiming to secure US $ 250 billion over the next 30 years, with international funding playing a significant role. The Framework has been praised as a benchmark for other nations seeking to expedite their just transition endeavours. 120
South Africa ranks 110/166 on the SDG Index. 121 Various challenges hinder the achievement of the SDGs in the country. The country is the largest greenhouse gas emitter on the African continent and among the top twenty emitters worldwide. 122 As Croese et al discuss, there is a lack of strong national guidance on multi-level governance processes for effective SDG implementation; local governments with varying capacities are expected to formulate their own SDG plans with little to no guidance and support from the national level. 123 Studies underscore the significant lag in achieving water security in South Africa, due to various political, socio-economic, and environmental factors. 124 Pillay and Johnson acknowledge the progress made in South Africa towards HIV targets but also highlight the need for continued efforts to eliminate HIV as a public health threat. 125 These studies collectively highlight the need for more sustained and coordinated efforts to address the challenges in achieving the SDGs in South Africa. 126
Germany
Germany’s legal system is a civil law system, mostly based on a comprehensive compendium of statutes, as compared to common law systems. Germany’s Constitution is called the Basic Law (
Whether Germany follows a monist or dualist approach to international law is not entirely unambiguous.
128
It exhibits tendencies of both approaches. Several rulings by the Federal Constitutional Court acknowledge the ‘friendliness towards international law’ principle (
Germany is a strong proponent of sustainable development, integrating the SDGs into its legal and policy frameworks.
130
Germany’s Sustainable Development Strategy explicitly aligns with the SDGs and outlines plans for their implementation within the country’s context.
131
There is also the Parliamentary Advisory Council on Sustainable Development, which is a crucial body within the German
Although the SDGs are not explicitly mentioned in the Basic Law; it does mandate the state to protect the natural foundations of life for present and future generations (Article 20a).
133
This relates to SDGs 12–15.
134
The Basic Law also promotes equality (Article 3); freedom of occupation (Article 12); and education (Articles 2(1) and 7(1)).
135
These relate to SDGs 4-5 and 8. The Basic Law also has provisions for public participation (Article 17); access to information (Articles 5(1) and 10(1)); and independent oversight institutions (the judiciary in Chapter IX and the
Germany ranks 4/166 on the SDG Index. 136 A recent investigation by Brolan and Smith found that the key to the country’s success in implementing the SDGs is political will. 137 Germany has made significant strides in promoting the SDGs, particularly in renewable energy deployment, with renewables now accounting for over 40%of electricity generation; while the country also boasts a high-quality education system with low illiteracy rates and near-universal access to primary and secondary education. 138 Meschede further found that several German cities, particularly in metropolitan areas, have incorporated the SDGs into their local governmental websites, with a focus on education, climate protection, fair trade, energy, and mobility. 139 This enhances awareness and citizen participation. However, there are still several challenges in fully achieving the SDGs, such as biodiversity loss among others. 140
Australia
Australia has a legal system based on the British common law tradition, with a strong focus on the rule of law and an independent judiciary. The legal system is a key component of the country’s economic growth, with efforts to ensure an effective and efficient legal system that can contribute to economic prosperity. The legal system operates within a federal framework, with legislative power divided between the national and state (or territory) levels.
The Australian Constitution Act of 1900 (consolidated version of 2021) approach to fundamental rights is unique compared to many Western democracies. It does not have a dedicated Bill of Rights explicitly outlining specific fundamental rights and freedoms. Australia was one of the 160 countries that voted in favour of the UN General Assembly resolution recognising the right to a healthy environment as a human right. 141 However, Australia has not yet formally incorporated this right into its domestic laws. The Australian Capital Territory is set to be the first Australian jurisdiction to enshrine the right to a healthy environment in its Human Rights Act of 2004 (amended to 2023). 142 Courts, thus, play a crucial role in interpreting and upholding fundamental rights in the country. 143
The Constitution makes no reference to international law beyond the three Sections of 51, 61, and 75(i), which only relate to the power of the executive to negotiate and conclude treaties and the original jurisdiction of the High Court in matters concerning treaties. Therefore, Australia is considered a dualist state when it comes to international law. 144
Regarding the SDGs, legislation and policies are vital for their implementation. 145 For example, the Renewable Energy (Electricity) Act 174 of 2000 (amended in 2021) contributes to SDG 7, which is interlinked with the Climate Change Act 37 of 2022 (amended in 2023); the Fair Work Act 28 of 2009 (amended in 2020) aligns with SDG 8; and the Environment Protection and Biodiversity Conservation Act 91 of 1999 (amended in 2021) aligns with SDG15. Australia’s Strategy for Nature is a comprehensive framework launched in 2019 to guide the nation’s efforts in conserving and managing its biodiversity and natural environments. 146 The Climate Change Action Strategy outlines the nation’s plan to address climate change and meet its international commitments under the Paris Agreement. 147 Accordingly, Australia, recognising the global significance of the SDGs, incorporates their principles into its legal considerations. 148
Australia ranks 40/166 on the SDG Index. 149 Allen et al. illustrate that Australia exhibits a mixed performance concerning the SDGs, showing significant advancements in health and education goals but encountering challenges with climate action and the reduction of inequalities. 150 It has further strongly been recommended that a ‘real commitment’ to achieving the SDGs be made by governments at all levels in Australia, through translating their SDG commitments from policy guidance to legislation (i.e., constitutional texts). 151 The absence of a formal Bill of Rights remains a topic of ongoing debate in Australia, with proponents arguing for a Bill of Rights to provide greater clarity and protection for fundamental rights. 152
Cuba
Cuba’s legal system and economy are characterised by a unique combination of socialist principles and a one-party political system. Cuba’s economy is a state-controlled, centrally planned economy with a focus on socialist principles, as confirmed in the Constitution of 2019 (Article 4).
Cuba’s approach to international law is not definitively classified as either strictly monist or strictly dualist (or a hybrid). Article 108(ñ) of the Constitution establishes that the National Assembly of People’s Power has the authority to approve peace treaties. Article 137(d) notes that it is for the Council of Ministers to approve international treaties and submit them for ratification by the Council of State. In line therewith, Article 122(ñ) establishes that it is for the Council of State to ratify and renounce international treaties. Under Article 12, any treaties, concessions, or pacts that are agreed upon under conditions of inequality or that disregard or diminish the sovereignty and territorial integrity of Cuba are deemed illegal and nullified. Articles 7-8 further stipulate that the provisions outlined in international treaties currently enforced for Cuba are regarded as part of national legislative regulations, where applicable; but it is essential to note that the Constitution holds precedence over international treaties. Cuba appears to have adopted a dualist approach. However, Decree-Law No 191/1999 on International Treaties, contradicting that mandate, necessitates the involvement of the Council of State solely for specific categories of treaties. Therefore, Guardiola calls on Cuba to formally clarify its position. 153
Despite not explicitly mentioning the SDGs, the Constitution does have provisions and principles that align with various SDG goals. The Constitution provides that the state shall promote the protection and conservation of the environment and respond to climate change (Article 16(f)); confers all persons the right to a healthy and stable environment (Article 75); and places a duty on citizens to promote sustainable use of natural resources (Articles 75 and 90(i-j)). These provisions align with SDGs 12–15. 154
The Constitution guarantees fundamental rights, such as healthcare, reproduction, education, social security, and decent work (Articles 43, 46, 64-65, 68, 70, and 72–74); guarantees access to potable water and sanitation (Article 76); and promotes equality and non-discrimination (Articles 42–44), thereby, supporting SDGs 1, 3- 6, 8, and 10.
The Constitution also establishes a framework for accountable and transparent governance, including provisions for access to information (Article 53) and oversight (Articles 80 and 160), which aligns with SDG 16.
The National Economic and Social Development Plan 2030 serves as Cuba’s blueprint for achieving sustainable and inclusive development over the next decade. 155 The UN Cooperation Framework for Sustainable Development in Cuba 2020–2024 outlines the strategic vision and areas of cooperation between the UN and Cuba and is aligned with the 2030 Agenda. 156 The Cooperation Framework is based on four strategic priorities: promoting human well-being and social development; building a resilient and sustainable economy; ensuring environmental sustainability; and strengthening governance and institutions.
Cuba ranks 46/166 on the SDG Index. 157 As Kirk and Walker discuss, Cuba presents a success story of SDG implementation: a country from the Global South that has managed without significant assistance from the development industry, World Bank and International Monetary Fund loans, or direction from NGOs. 158 Although significant strides have been made in revitalising its energy sector, Cuba still faces challenges in implementing a transition to renewable energy. 159 Whitehead further argues that while Cuba has made some efforts to align its national development plans with the SDGs and to establish monitoring and evaluation mechanisms, it still lacks a clear and coherent strategy and a participatory and inclusive process. 160 Even though Cuba maintains a state-controlled food distribution system to combat widespread hunger and malnutrition, aligning with SDG 2, concerns regarding the quantity and quality of nutrition have emerged among growing segments of the population. 161
Bolivia
Bolivia’s legal system is primarily based on the civil law tradition, which is influenced by both Roman and Spanish legal principles. 162 Enshrined in the Constitution adopted in 2009, Bolivia is defined as a Unitary Social State of Pluri-national Communitarian Law, characterised by its commitment to freedom, independence, sovereignty, democracy, interculturality, decentralisation, and autonomy (Article 1). Bolivia’s economy is characterised by extreme geographical disparities, socioeconomic constraints, and a structurally heterogeneous economy. 163
As per Bolivia’s Constitution, the country adopts a monist approach to international law. 164 Article 13 underscores the inviolable, universal, interdependent, indivisible, and progressive nature of recognised rights. It clarifies that the Constitution does not exclude other unenumerated rights and does not establish a hierarchy among them. International treaties ratified by the Pluri-National Legislative Assembly, which safeguard human rights and prohibit their restriction during emergencies, supersede domestic law. These rights and duties are interpreted in line with ratified international human rights treaties. Article 14(III) ensures access to rights outlined in international treaties, while Article 256 prioritises ratified human rights treaties over domestic law if they afford greater rights. Article 257 affirms the legal force of such treaties domestically. Certain treaty exceptions require popular referendum approval, as detailed in Article 259. Article 410(II) delineates the hierarchical order of legal norms, with the Constitution holding supreme authority, followed by ratified international treaties.
The Constitution does not explicitly mention the SDGs. Nonetheless, due to its extensiveness and comprehensiveness, there are principles and provisions scattered throughout that strongly align with various SDG goals. For example, the Constitution guarantees the right to a healthy, protected, and balanced environment (Article 33); mandates all citizens to safeguard an environment conducive to life and to promote sustainable use of natural resources (Articles 108(15-16)); underscores that economic progress should harmonise with environmental conservation (Articles 312(III), 316(6), and 319(I)); and obliges both the government and the populace to conserve biodiversity, utilise natural resources sustainably, and maintain environmental balance (Article 342). Living well (
Moreover, the Constitution guarantees fundamental rights, including healthcare, social security, education, food security, potable water and sanitation services, and decent work (Chapter VI Section I, Articles 9(5), 16–18,20, 35–37, and 45-46); promotes equality and non-discrimination (Articles 8(II), 9(1), 11(I), 14, and 62); and recognises the rights of marginalised groups, being women, the elderly, and indigenous peoples (Articles 15(II), 30-31, 48(V-VI), and 68). Not only are cultures respected (Chapter VI Section III), but Bolivia’s Constitution is one of few to explicitly guarantee reproductive rights and freedoms (Article 66). These align with SDGs 1–6, 8, and 10.
The Constitution furthermore establishes a framework for accountable and transparent governance, including provisions for public participation (Articles 26 and 343); access to courts (Article 34); and access to information (Article 21(6)), aligning with SDG 16.
Bolivia reaffirmed its commitment to the 2030 Agenda through the Patriotic Agenda 2025, which is the long-term vision and plan for Bolivia’s development, based on the concept of
Bolivia ranks 87/166 on the SDG Index. 170 Bolivia has made considerable progress in expanding social protection coverage, especially for the elderly, children, pregnant women, and people with disabilities. However, there are still challenges and shortcomings, including the fragmentation and segmentation of the social protection system, insufficient adequacy and quality of benefits and services, the absence of fiscal sustainability and social dialogue, and the enduring issues of poverty and inequality. 171 The country has made progress in providing basic electricity access to rural communities, a key component of SDG 7. 172 In 2020, 84.7%of the population had access to improved sources of water and 62.5%had access to basic sanitation. 173 Forestry practices, however, continue to echo the commercial priorities of the neoliberal era, posing a significant obstacle to the post-neoliberal vision of a more sustainable and equitable relationship with nature. 174 Agramont et al also highlight the structural challenges concerning water access in rural areas. 175
Iran
Iran’s legal system is a combination of civil and Islamic law, with the economy consisting of three sectors: public, private, and cooperative. The Supreme Leader holds significant authority over the legal system and serves as the highest-ranking political and religious figure in the country. 176 The Islamic Consultative Assembly must approve all international treaties, protocols, contracts, and agreements. Once approved, Article 125 empowers the President or his legal representative to sign the said treaties, protocols, contracts, and agreements.
While the Constitution does not explicitly reference the SDGs, its provisions align with several goals. For instance, Article 50 emphasises the preservation of the environment as a public duty, asserting that both present and future generations have a right to a flourishing social existence within a preserved environment. Furthermore, economic, and other activities that inherently result in environmental pollution or irreparable damage thereto are forbidden, thereby, corresponding to SDGs 14 and 15. Additionally, Articles 19-20 promote equality, while Article 21 recognises the needs of vulnerable groups, particularly women, aligning with SDGs 5 and 10. Furthermore, fundamental rights such as healthcare, food security, social security, education, and decent work, guaranteed by Articles 3(12), 28–30, and 43(1), correspond to SDGs 1–4 and 8–9. Moreover, Articles 43 and 44 emphasise principles of social justice and equitable resource distribution. Article 34, which grants access to courts, supports SDG 16.
Iran acknowledges the importance of the SDGs in guiding global sustainability efforts. 178 Iran has adopted a 20-year National Vision, which outlines its political, economic, and social goals for the year 2025. 179 The Sixth Five-Year Development Plan (2016–2021) is the current medium-term plan that implements the 20-year National Vision of Iran, which aims to make Iran a developed country with a leading role in the region and an influential presence in the world by 2025. 180 Iran also launched a National Strategic Plan on Climate Change in 2017, which outlines the vision, objectives, and actions of the Iranian government to address the causes and impacts of climate change. 181
Iran currently ranks 86/166 on the SDG Index. 182 According to a recent report, Iran has made numerous achievements in terms of accessibility, and universal coverage of education, health, energy, and sanitation. 183 However, addressing resource constraints, adapting to climate change, and fostering stronger partnerships are crucial for accelerating progress. 184 Additionally, overcoming internal political and economic obstacles would significantly contribute to achieving their SDG goals. 185 According to a study by Taghvaee et al., Iran has shown limited progress across the majority of the SDGs and their associated pillars, suggesting widespread underdevelopment across environmental, social, and economic dimensions. 186 The study particularly highlights the imperative for enhancing Iran’s transportation sector to effectively pursue the objectives outlined in SDG 9. Milani-Bonab et al concur, as their research identifies food and nutrition insecurity as persistently critical issues in Iran. 187
India
India’s legal system is characterised by a blend of civil law, common law, customary law, and religious law. The country’s Constitution, enacted in 1950 and one of the longest-written constitutions globally as of 2023, serves as the foundational legal document. It provides the framework for governance, fundamental rights, and the distribution of powers between the central government and the states. India has witnessed substantial economic growth in recent decades. 188
Article 51(c) of the Constitution affirms that the state shall strive to promote respect for international law and treaty obligations in the interactions among organised peoples. Article 253 of the Constitution grants parliament the authority to enact laws necessary to fulfil India’s international obligations arising from treaties, agreements, or decisions made in international forums or conferences. While India has traditionally been described as a dualist country concerning its engagement with international law, the Indian Supreme Court has exhibited a move along the continuum from dualism to pro-monist conceptions of engagement with international law. 189
Although it does not explicitly mention the SDGs, there are provisions and principles within the Constitution that strongly align with various SDGs, creating a foundation for pursuing sustainable development efforts in the country. For example, the Constitution guarantees the right to a healthy environment (Article 21); 190 obligates every citizen to protect and improve the natural environment (Article 51A(g)); and requires the state to endeavour to protect and improve the environment and to safeguard the forests and wildlife (Articles 48-48A). Additionally, several provisions emphasise the conservation and sustainable use of natural resources. For example, Articles 243ZD(3) and 243ZE require the District Planning Committee and the Metropolitan Planning Committee, respectively, to consider spatial planning, water sharing, integrated infrastructure development, and environmental conservation. Municipalities, empowered by state legislature, are tasked with functions outlined in Schedule 12 of the Constitution, including urban forestry, environmental protection, and ecological promotion (Clause 8). Similar directives apply to Committees (Article 243 W(b), in conjunction with Schedule 12), aligning with SDGs 2, 14, and 15.
The Constitution also guarantees fundamental rights, including healthcare, education, and decent work (Articles 21A, 41, and 47); guarantees the rights of minorities (Articles 29-30); requires all citizens to renounce practices derogatory to the dignity of women (Article 51A(e)); guarantees the protection of children (Articles 24 and 45); and promotes equality and non-discrimination (Articles 14–16, 39(a), and 39A). These provisions contribute to SDGs 3–5 and 10.
The Constitution further establishes a framework for accountable and transparent governance, including provisions for public participation in the form of freedom of speech and expression (Article 19(1)(a)) and the right to assemble peacefully without arms (Article 19(1)(b)); access to information (Article 19); 191 and independent oversight institutions, such as the separation of the judiciary and Comptroller and Auditor General (Articles 50 and 148). Article 39A provides for free legal aid. There is also public interest litigation, a legal tool that allows motivated individuals or organisations to file petitions on behalf of public interest. 192 These aspects align with SDG 16.
The SDGs have influenced India’s development agenda, with the country taking exemplary initiatives to propel the SDG agenda forward. For example, India’s Vision 2030 aims to create an India where poverty, malnutrition, littering, and illiteracy are a matter of the past. 193 The government think tank, NITI Aayog (National Institution for Transforming India), acts as the nodal agency for SDG implementation, coordinating efforts across ministries and providing technical support. 194 In recent years, India has also launched several policies to bolster its blue economy endeavours. 195 In 2021, it unveiled the Draft National Policy for the Blue Economy, intending to increase the GDP contribution of the ocean economy, enhancing the well-being of coastal communities, and conserving marine biodiversity. 196
India ranks 112/166 on the SDG Index. 197 India has made significant progress in meeting SDG targets related to climate change and sustainable consumption and production. 198 However, Mandal et al, for example, in their research, found that around 74%of children are undernourished in Purulia, India. 199 Another report discusses how poverty, hunger, and gender inequality remain significant challenges, particularly in rural areas, and how effective implementation of policies and programs remains a challenge due to bureaucratic hurdles, resource constraints, and lack of awareness among target communities. 200 Khalid, Sharma, and Dubey share this sentiment, noting that data inadequacy gaps in SDG measurements, insufficient coordination between central and state agencies, and a lack of financing represent the primary obstacles to SDG implementation in India. 201 A
Challenges and Opportunities
Alignments and synergies between constitutions and the principles of the SDGs
Conflicts between constitutions and the principles of the SDGs
Drawing Lessons from Legal Analysis
More general recommendations include encouraging research and development in sustainable technologies through constitutional provisions. According to a 2020 survey, the global average awareness score of the SDGs is just under 50%. 243 The digital era presents unprecedented opportunities for civil society, policymakers, and citizens to engage in the constitutional decision-making process actively. Data-driven insights can inform adaptive strategies, enhance accountability, and foster continuous improvement. 244 Bolivia and Brazil’s Constitutions, for example, promote scientific research (Articles 103 and 218, respectively), although it is not exclusively linked to SDG studies. 245 Additionally, as McGregor argues, the wisdom necessary for humanity’s survival may not solely originate from human sources. It is imperative to revitalise and embrace traditions that honour all forms of knowledge. 246 Thereby, highlighting the significance of traditional indigenous knowledge and underscoring the necessity to create, gather, and share information concerning this knowledge, especially regarding the sustainable use and preservation of natural resources.
Conclusion
The environmental events and international days scheduled for 2024 present a unique opportunity for global collaboration and policy advancement in sustainable development, biodiversity conservation, and environmental protection. 247 The commitment of various countries to host these gatherings demonstrates a shared dedication to addressing urgent environmental challenges and promoting multilateral cooperation.
In the upcoming decade, the world will grapple with formidable challenges, all interlinked with the SDGs. 248 These pressing issues include the failure to address climate action, heightened by extreme weather events that disrupt communities and exacerbate livelihood crises. The looming threat of biodiversity loss further compounds the complexity of these challenges, while the erosion of social cohesion adds a layer of concern. Recognising the intricate connections between these issues is paramount in the collective pursuit of a sustainable and resilient future. 249 .
Although recommendations were made, it is evident that countries with comprehensive constitutional provisions aligned with most SDGs are lagging while others with less alignment are ahead. This suggests that mere constitutional alignment is not sufficient for progress. This is because the SDG performance of each country is influenced by their starting point and the country’s level of development. 250 Countries that are more developed and have more resources may have an advantage in achieving the SDGs, as they may have already addressed some of the basic needs and challenges of their population. Countries that are less developed and have fewer resources may face more difficulties and gaps in achieving the SDGs, as they may have to deal with more pressing and complex internal issues. To illustrate, in 2015 (at the starting line), the first assessment of the overall performance of high-income countries by Bertelsmann Stiftung indicated that Sweden and Finland were positioned first and fourth, respectively, out of 34 countries in their capacity to meet the SDGs, with several of the total SDG indicators having already been met. 251 In contrast, Chad (along with the other least developed countries) had been depicted as the crucial battleground where the success or failure of the 2030 Agenda hinges, 252 thereby, highlighting that the effective implementation of constitutional provisions is crucial. Constitutional alignment serves as a foundational step, but successful execution, commitment, and practical policies are equally essential for achieving the SDGs.
Establishing independent bodies to monitor SDG progress, ensuring meaningful participation of civil society and indigenous communities, and enhancing the capacity of judicial systems to address SDG-related concerns are crucial steps toward effective implementation. 253 In addition, encouraging research and development in sustainable technologies through constitutional provisions is vital for leveraging the opportunities presented by the digital era. By actively engaging in data-driven insights, countries can inform adaptive strategies, enhance accountability, and drive continuous improvement in sustainable development efforts.
The freedom of religion, freedom of expression, right to property, and the right to equal treatment are enshrined in 97%of national constitutions in force as of 2006. 254 Similarly, the right to assembly, the right to association, and the right to gender equality are found in 90%of all national constitutions as of 2006. 255 As of 2012, 81%of all constitutions included the right to education, 71%protected access to healthcare, 63%protected the right to social security, and 39%provided a right to housing. 256 According to a 2012 estimate, environmental provisions of some form were present in 149 out of 193 of the world’s national constitutions. 257 Given that these dates predate the 2030 Agenda, it cannot be said to have drastically increased the formal recognition of these core human rights in constitutions (i.e. integrating the SDGs). 258 Regardless thereof, research on the effectiveness of constitutional rights is still in its nascent stages. 259 As Cope, Creamer, and Versteeg rightly argue, the failure to uphold constitutional rights does not negate the significance of constitutions. 260 Even in cases where complete adherence is lacking, a constitution’s commitments can spur advancements in a state’s respect for rights and achievement of the SDGs over time. As noted by Herlin-Karnell, sustainability broadens the notion of justice beyond short-term interests, prioritising the well-being of both current and future generations. 261
Implementing transformative changes required for achieving the SDGs often demands significant political shifts, which can be hindered by vested interests and resistance from powerful stakeholders. 262 In fact, it requires “An Audacity of Hope Against Hope as well as a Miracle to Realize all the 2030 SDGs in the Coming Seven Years (2023–2030)” 263 Each country will need to find its unique solutions, considering its specific circumstances and priorities. 264 The journey towards realising the SDGs is intrinsically linked to the constitutional foundations upon which societies are built, and the choices made today will resonate through the corridors of time, shaping the world of tomorrow.
