The Future of the SDGs: A Comparative Constitutional Rescue Plan?

2.1The 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: 1. eliminating extreme poverty and hunger and providing access to essential services such as healthcare and education; 2. ensuring that everyone has enough nutritious food, promoting sustainable farming practices, and tackling food waste; 3. achieving universal access to healthcare, preventing and treating infectious diseases, and supporting people’s mental and physical well-being; 4. providing quality education to everyone and promoting lifelong learning for all ages; 5. ensuring equal access to opportunities and rights, and promoting women and girls’ safety and leadership; 6. guaranteeing safe and readily available water and sanitation for everyone, protecting ecosystems, and promoting hygiene; 7. providing everyone with access to sustainable and affordable energy sources, reducing reliance on fossil fuels; 8. promoting decent work conditions, full and productive employment, and inclusive economic growth; 9. developing sustainable infrastructure, modernising industries, and encouraging research and development for a cleaner future; 10. narrowing the gap between rich and poor, both within and between countries, and promoting equality of opportunity; 11. creating sustainable and liveable cities with efficient transportation, affordable housing, and resilient infrastructure; 12. promoting responsible consumption, reducing waste, and adopting sustainable production methods; 13. reducing greenhouse gas emissions, building climate resilience, and adapting to a changing climate; 14. protecting marine ecosystems, managing fisheries sustainably, and combating pollution of the oceans; 15. preserving forests and land resources, combating desertification, and protecting endangered species; 16. fostering peace, justice, and strong institutions that respect human rights and address societal inequalities; and 17. mobilising resources, building global partnerships, and promoting cooperation to achieve the SDGs.

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.

2.2The 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.

Global commitment and normative influence: The SDGs establish a shared vision and universal norms for sustainable development, guiding international cooperation. Cardona-Valles and Preller-Bórquez, for example, use the conflict between Ethiopia, Sudan, and Egypt over the construction of the Grand Ethiopian Renaissance Dam as a backdrop to evaluate the role of the SDGs in the harmonious interpretation and systemic integration of international law.¹⁸ They argue that a perspective based on the notion of sustainable development can contribute to facilitating dialogue between the parties and ensuring compliance with their reciprocal international obligations. Similar to Barral’s view, which regards ‘sustainable development’ as a potent interpretive tool influencing existing norms,¹⁹ Cardona-Valles and Preller-Bórquez argue that the 2030 Agenda serves as a kaleidoscopic lens for aligning diverse regimes in this conflict. Ebbesson and Heyadd observe that the SDGs evoke a people-centred approach to sustainable development, making the individual the benchmark for determining the success of measures, initiatives, institutions, and legal regimes.²⁰ However, Cardona-Valles and Preller-Bórquez caution that as the SDGs are a political rather than legal agenda, trade-offs between goals may occur, challenging certain premises of international law. Bantekas and Akestoridi further assert that the SDGs represent a form of ‘political normativity’ extending beyond aspirational targets.²¹ This blend of political commitment, moral persuasion, and normative influence encourages states to align actions with the SDGs, even without strict legal obligations. Challenges persist in translating these soft norms into concrete actions, with implementation gaps, a lack of accountability mechanisms, and competing interests hindering progress.²²

Incorporation into national legal frameworks: Numerous countries integrate the SDGs into their domestic legal structures, aligning local laws and policies with the global development agenda. The SDGs often act as a guiding reference for legislators, shaping the creation and modification of domestic legislation. However, as is the case with international law implementation, policymakers selectively engage with the SDGs, focusing on domestic priorities, thus, their implementation varies based on political preferences, governance structure, and context-specific challenges.²³

Implementation through international treaties: Countries may enter into international treaties or agreements to collectively address specific SDGs, creating legal obligations at the international level. For example, the Paris Agreement on Climate Change (12 December 2015) links to SDG 13;²⁴ the Kunming-Montreal Global Biodiversity Framework guides SDG 15; and the Sendai Framework for Disaster Risk Reduction 2015–2030 supports SDGs 1, 9 and 16-17.²⁵ The domestic implementation of these treaties might necessitate legislative alterations or the creation of new laws to adhere to these international obligations. However, the fragmented nature of international law presents a challenge in ensuring coordinated action across jurisdictions.²⁶

Customary international law and state practice: There is room to argue that consistent adherence to SDG-related norms may influence the development of customary international law that guides state behaviour.²⁷ The universality and shared goals enshrined in the SDGs could strengthen the argument for their customary nature, as they address issues with global implications and promote the common good. Furthermore, the increasing references to and incorporation of SDGs in various national and international legal instruments could bolster their potential eventual inclusion in customary international law.

Human rights and environmental law: The SDGs often overlap with various other international legal regimes, reflecting the interconnected nature of global challenges.²⁸ States may integrate SDG-related principles into their human rights and environmental legal frameworks. There are also other regimes in which the SDGs intersect, such as trade agreements and economic law. Balancing trade openness with protecting the environment and promoting fair labour practices is crucial.²⁹ Agreements should consider SDG targets on decent work (SDG 8), responsible consumption and production (SDG 12), and climate action (SDG 13). Other intersections relate to international criminal law; health law; labour and employment standards; cultural heritage and intellectual property law; and humanitarian, refugee, and migration law. Upholding human rights and providing legal frameworks for refugees and migrants contributes to SDGs on peace and justice (SDG 16) and reduced inequality (SDG 10).³⁰

Monitoring and accountability mechanisms: The SDGs promote transparency, accountability, and reporting on progress, which may increasingly lead to establishing legal mechanisms for monitoring and review at both the international and domestic levels.³¹

Judicial application: Klare highlights the inherent ambiguity and conflicts within legal texts, requiring decision-makers to rely on external sources of understanding and value.³² Courts in different jurisdictions may refer to the SDGs in their decisions, interpreting and applying international and domestic law considering global development objectives.³³

Sustainable development law —a new discipline: The growing importance of the SDGs has catalysed the emergence of sustainable development law as a new academic and professional field. Sustainable development law encompasses a body of international legal principles aimed at addressing the intersections between international economic, environmental, and social law; emphasising cooperative international efforts to identify and establish general principles, both substantive and procedural, that promote sustainable development, also domestically.³⁴ Several universities around the world are offering courses, programmes, and research opportunities in sustainable development law.³⁵ These programmes and courses reflect the growing importance of this new legal field and the need to equip students with the skills and knowledge to address global sustainability challenges. They also demonstrate the commitment of universities to contribute to the advancement of sustainable development and the SDGs.

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

2.3The 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

3.1Sweden

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

3.2Finland

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

3.3Kenya

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

3.4Brazil

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

3.5Chad

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

3.6South 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 Ubuntu concept; it permeates various provisions and principles, shaping the legal framework and influencing interpretations to uphold its core values, which include dignity, equality, community and interdependence, harmonious relationships, and restorative justice.¹¹⁴ The Constitution guarantees the right to a healthy environment, promotes sustainable use of natural resources, and emphasises intergenerational equity in environmental matters (Section 24), thereby, aligning with SDGs 13–15.¹¹⁵

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

3.7Germany

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 (Grundgesetz) and was adopted in 1949 (amended to 2022). The federal states (Länder) also have their constitutions and laws. Germany’s economy is the largest in Europe and the fourth largest in the world.¹²⁷

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 (Völkerrechtsfreundlichkeit) and interpret domestic law consistently with international law whenever possible.¹²⁹ Article 25 of the Basic Law confirms that the general principles of international law shall constitute an essential component of federal law. Accordingly, the general rules of international law form part of German federal law. They take precedence over laws and create rights and obligations directly for the inhabitants of the federal territory of Germany. However, Article 59(2) grants the parliament authority to veto the ratification of significant treaties, particularly those necessitating legislative implementation or affecting the fundamental status of the state within the global community.

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 Bundestag (federal parliament), dedicated to promoting and monitoring sustainable development policies in the country.¹³²

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 Bundesrechnungshof/Federal Audit Office in Article 114(2)), which complement SDG 16.

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

3.8Australia

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

3.9Cuba

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

3.10Bolivia

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 (Vivir Bien in Spanish or Suma Qamaña in Aymara), an overarching concept, enshrined in the Preamble and Article 8, prioritises harmony with nature, community well-being, and living a meaningful life in balance with ecological, social, cultural, and spiritual dimensions.¹⁶⁵

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 Vivir Bien (living well), valuing harmony, diversity, solidarity, and reciprocity.¹⁶⁶ The plan is implemented through medium-term plans, such as the Economic and Social Development Plan 2021–2025, which aims to rebuild the economy, retake macroeconomic and social stability, and promote industrialisation with import substitution.¹⁶⁷ There is also Law No 300 of 2012, known as the Framework Law of Mother Earth and Integral Development for Living Well, which aims to establish a vision and principles for sustainable development in harmony and balance with Mother Earth, based on the rights and knowledge of the indigenous people.¹⁶⁸ This is complemented by the Country Programme Document for Bolivia, covering the period from 2023 to 2027, collaboratively developed with the UNDP, which outlines strategic priorities and actions aimed at sustainable development in harmony with Mother Earth.¹⁶⁹

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

3.11Iran

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.¹⁸²According 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

3.12India

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. ¹⁹⁹Another 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.²⁰¹A

4.1Alignments and synergies between constitutions and the principles of the SDGs

Domestic incorporation/application of international law: This involves integrating principles and obligations from international treaties and conventions, including those related to the SDGs, into the legal frameworks and practices of individual countries.²⁰² This can be achieved through various mechanisms, such as legislative enactments, judicial decisions, administrative regulations, and constitutional provisions. By doing so, countries align their domestic legal systems with international standards and commitments, thereby promoting the realisation of the SDGs at the national level.²⁰³ For instance, South Africa’s Constitution mandates courts to interpret legislation in line with international law (Section 233), offering a framework for integrating SDGs into domestic legal systems. Additionally, Section 39 requires courts to consider international law when interpreting the constitutional Bill of Rights.

Human rights and equity: Apart from Australia, all the constitutions analysed (albeit to differing extents) enshrine numerous fundamental human rights, such as access to food, water, healthcare, and education, aligning with SDG goals 1–4 and 6.²⁰⁴ As Herlin-Karnell contends, sustainability serves as a framework for promoting dignity by ensuring that individuals have access to essential resources, such as clean air, water, and food, which are necessary for a dignified existence.²⁰⁵ By prioritising sustainability in legal and policy decisions, governments can uphold the dignity of their citizens by safeguarding their basic needs and protecting their fundamental rights.²⁰⁶

Environmental protection: Apart from Australia, all the constitutions discussed recognise, in one form or another, environmental rights and mandate sustainable development, aligning with SDG goals 13–15. Integrating enforceable mechanisms within constitutions, such as environmental courts or ombudsman offices, is also crucial for ensuring the practical implementation of these rights and mandates. India has the National Green Tribunal, which is a specialised court dealing with environmental cases across the country.²⁰⁷ Similarly, environmental cases are referred to general courts or administrative courts with environmental chambers or environmental courts that can be found in Kenya, Bolivia, Australia, Brazil, Finland, Germany, and Sweden.²⁰⁸

Good governance and the rule of law: Strong constitutional provisions on transparency, accountability, and citizen participation in decision-making can support democratic and equitable governance, aligning with SDG 16. Germany among others upholds principles of the rule of law and separation of powers, ensuring checks and balances within the government (Articles 20(2) and 28(1)), whereas Kenya explicitly guarantees access to information and public participation in environmental decision-making, empowering communities to protect their environment (Articles 10(2(a), 55(b), and 69(1)(d)). Similarly, for the Members of the Aarhus Convention, it empowers the role of citizens and civil society organisations in environmental matters, which is founded on the principles of participative democracy.²⁰⁹

Synergy is created by enhancing accountability: Integrating SDGs into constitutions elevates them from aspirational goals to legally binding principles, making governments accountable for their implementation, as failing to meet SDG targets would constitute a breach of constitutional obligations.²¹⁰ This accountability is enforced through mechanisms such as judicial review, parliamentary oversight, or citizen petitions.²¹¹ Central to this accountability framework is the recognition of fundamental rights enshrined in constitutions, many of which are directly linked to the SDGs,²¹² such as, the right to health, education, a clean environment, and social security. Constitutions such as those of Kenya (Articles 2 and 24) and South Africa (Sections 2 and 36) expressly articulate this principle, emphasising the primacy of constitutional rights and the limitations placed on government actions that may infringe upon them.

Guiding policy and legislation: Constitutional alignment provides a clear framework for developing policies and laws aligned with the SDGs, driving systemic change across various sectors. For example, to give effect to constitutional provisions, South Africa introduced NEMA, the Water Services Act 108 of 1997 (amended by 30 of 2004), National Water Act 36 of 1998 (amended by 27 of 2014), National Health Act 61 of 2003 (amended by 12 of 2013), and the Labour Relations Act 66 of 1995 (amended by 8 of 2018), to name a few.

Empowering citizens: The constitutionally elevated status of the SDGs encourages transparency, inclusivity, and responsiveness in governance, as governments are held accountable not only to their citizens but also to the legal obligations enshrined in the constitution.²¹³ When SDGs are enshrined in the constitution, failing to meet the targets outlined in them constitutes a breach of constitutional obligations. This fosters greater civil society engagement as citizens become actively involved in monitoring, advocating for, and participating in decision-making processes related to sustainable development.²¹⁴ Brazil’s Constitution recognises participatory budgeting as a legitimate tool for public participation (Articles 194 (sole paragraph (V)), 198(III), 204(II), and 227(§1)).²¹⁵ Bolivia has autonomous municipal governments, established by the Constitution (Article 302).²¹⁶ India’s Constitution empowers villages and districts to elect their representatives, giving local communities a voice (Article 40 and Part IX, the Panchayati Raj).²¹⁷

4.2Conflicts between constitutions and the principles of the SDGs

Resource rights and exploitation: Constitutions may grant rights to exploit natural resources, potentially conflicting with SDGs 12 and 14-15 on responsible consumption and production and sustainable use of terrestrial ecosystems. For example, Brazil’s Constitution grants ownership of mineral resources and subsoil to the state but allows private concessions for exploitation (Articles 20, 49(XVI), and 176-177).²¹⁸ Bolivia’s Constitution declares that ownership and sovereignty of the country’s natural resources lie with the people (Articles 7, 309(1), and 349(1)) but also underscores that resource exploitation is prioritised for national development (Articles 298(II)(4), 348(II), 351, 355(I), 356, and 369).²¹⁹ In South Africa for instance, heavy reliance on fossil fuel extraction faces challenges aligning with the country’s energy policies and SDG goals.²²⁰

Sustainable soil management: Conflicts between constitutions and the principles of the SDGs concerning soil management can emerge when constitutional documents do not explicitly include provisions or legal structures addressing sustainable soil management. This absence can lead to a disconnect between national legal frameworks and international sustainability goals.²²¹ For instance, SDG 2 focuses on achieving food security and promoting sustainable agriculture, SDG 12 targets sustainable consumption and production patterns, and SDG 15 aims to protect, restore, and promote the sustainable use of terrestrial ecosystems, including land and soil resources. However, if a country’s constitution does not incorporate these principles or establish mechanisms for sustainable soil management, it may hinder efforts to effectively implement SDGs related to soil conservation and management.²²² Consequently, discrepancies between constitutional mandates and SDG objectives may undermine the country’s ability to address soil-related challenges and achieve broader sustainable development goals. Only Brazil (Article 24(VI)), Bolivia (Articles 298(II)(7), 299(II)(4), 300(I)(5), 302(I)(6), and 407(6)), South Africa (Schedule 4 Part A), Kenya (Fourth Schedule Part 2(10)), and India (Eleventh Schedule Clause 2),²²³ mention soil, but only in the legislative/authorities’ power sections of their Constitutions.

Limited interpretation: Narrow interpretations of constitutional clauses can hinder the implementation of SDG principles. For example, while Cuba’s Constitution grants the rights to political participation, freedom of speech, and press freedom (Articles 53–56 and 80), in practice, these rights are restricted.²²⁴ Similarly in Iran, while women enjoy constitutional rights and protection, they experience discrimination in law and practice.²²⁵

Gender inequality: Discriminatory constitutional provisions regarding gender can hinder SDG goals on gender equality and the empowerment of all women and girls. Kenya’s Constitution, on the other hand, implements a quota system for women’s representation in parliament (Articles 97(1)(b), 98(1)(b), 100(a), and 127(2)(c)(i)).²²⁶ South Africa’s Constitution similarly includes a gender-based representation system ensuring women’s participation (Sections 46(1), 105(1), 193(1), and 221(1)). In Australia and India, however, gender pay gaps and underrepresentation of women in leadership positions indicate further work is needed to fully achieve SDG 5.²²⁷

Power imbalances and exclusion: Constitutions serve as foundational legal documents that define the structure of governance and allocate power within a country.²²⁸ However, in some cases, constitutional arrangements may concentrate power in the hands of specific groups or institutions, potentially excluding marginalised communities (e.g., indigenous) from meaningful participation in decision-making processes.²²⁹ This exclusion can contradict the objectives outlined in SDGs 10 and 16. Revising constitutions to promote power-sharing mechanisms, ensuring broader representation of diverse groups, and establishing safeguards against discrimination can be crucial steps towards inclusivity.²³⁰ Bolivia’s Constitution explicitly recognises indigenous peoples and grants them special rights, including self-determination, land ownership, and cultural autonomy (Articles 2-3 and 30(II)).

Weak environmental safeguards: Inadequate environmental protection provisions in constitutions can hinder achieving SDG goals 13–15. In Brazil, weak enforcement of existing environmental laws and constitutional provisions allowing for resource exploitation contribute to rampant deforestation in the Amazon.²³¹

Politicisation: Including specific targets or indicators in the constitution may politicise the SDGs, leading to vulnerability to political agendas and potential hindrances in collaboration and consensus-building. Politicians may prioritise easily achievable or popular goals, neglecting more challenging or less politically advantageous ones, thereby, distorting the holistic approach of the SDGs. This could result in political gridlock and impede collaborative efforts toward broader SDG achievement. For example, despite years of advocacy for indigenous rights recognition in Australia, a proposed referendum granting them a constitutional voice was rejected in 2023 by over 55%of voters.²³² Similar sentiments apply to the issue of gender equality in Iran.²³³

Rigidity: A factor to consider is the inherent rigidity of constitutional frameworks, which may impede swift adjustments to accommodate evolving SDG priorities.²³⁴ Notoriously rigid, the Australian Constitution can only be amended through a referendum (Section 128). A proposed amendment must receive a double majority: a national majority (electors vote) and a majority in most states (four out of six). Additionally, both Houses of the Commonwealth Parliament must endorse the proposed law containing the amendment before it can be put to a referendum.²³⁵

Judicial activism: Constitutionalising the SDGs may lead to increased judicial activism, with courts being called upon to interpret and enforce the goals.²³⁶ While this can promote accountability, it may also result in courts overstepping their bounds and making policy decisions better suited for the legislative or executive branches. India’s Supreme Court is particularly known for often pushing the envelope in this regard.²³⁷

Resource allocation: Constitutionalising the SDGs may require governments to allocate significant resources to achieve these goals, potentially diverting funds from other priorities. This could lead to budgetary constraints and trade-offs between different policy objectives, which could be doubling worrying in countries where environmental concerns already are often relegated to the bottom of budgetary priorities.²³⁸.