Civil and Procedural Law Through the Sustainable Development Goals (SDGs): A Transversal View

Abstract

The commitment and responsibility to know and implement the SDGs are universal. Indeed, public authorities and civil society are called to simultaneously be active and passive subjects, protagonists to intervene and recipients of the achievements reached with all the actions that serve any of the 17 proclaimed goals. One way of countering the slow progress is through the joint and coordinated effort of researching and teaching law in universities. With this commitment, this paper aims to analyse how international and EU legislation incorporates sustainability goals related to civil and procedural law. It is based on the consideration that the contents of civil law and procedural law comprise various institutions and regulations that materialise different SDGs. SDG 16: Peace, Justice and Strongs Institutions have a particular impact on these areas and, more specifically, the aspects that relate to several of its targets. However, the legal implications, specifically in civil and procedural law, extend to many other objectives. This is the case of SDG 1, which aims to end poverty, SDG 5, which aims to achieve gender equality and empower all women and girls or SDG 10, whose motto is to Reduce inequality within and among countries, which also impacts civil and procedural aspects. Among the civil and procedural institutions that develop these objectives, we can highlight the regulations that prevent inequalities arising from poverty in access to justice, the recognition of the legal capacity of persons with disabilities or the prohibition of child, early or forced marriages.

1 The Scope of the Sustainable Development Goals (SDGS)

The UN General Assembly adopted the 2030 Agenda for Sustainable Development on 25 September 2015,¹ an action plan for individuals, the planet and prosperity, which also aims to strengthen universal peace within a broader concept of freedom.² In order to achieve the targets that the Millennium Development Goals failed to achieve, 17 Sustainable Development Goals (hereafter SDGs) and 169 targets were announced through this new universal Agenda. It also seeks to realise the human rights of all people and to achieve gender equality and the empowerment of all women and girls.³

Against this background, Agenda 2030⁴ is characterised by being more ambitious in its objectives, which no longer only revolve around poverty and the environment. There are five spheres of action (known as the “The 5Ps of the Sustainable Development Goals”): people, planet, prosperity, peace, and partnership. These areas act in a coordinated manner in the three dimensions of sustainable development: economic, social, and environmental.⁵ In this sense, the idea has been put forward that the SDGs can be the social contract of the globalisation era, capable of bringing security and freedom to the world.⁶

All countries and stakeholders should implement this plan through a collaborative partnership.⁷ Although the SDGs are not legally binding, signatory countries must set national or transnational frameworks to implement them. At the European level, however, the 2030 Agenda cannot be seen as something new or disruptive but as generalising and inclusive.⁸ Indeed, the European Union started from a strong position on sustainable development, and its influence was crucial to including SDG 16 (Promote peaceful and inclusive societies).⁹

International, EU and individual Member States’ policy development must interlink these policy areas in a way that impacts people, the planet, prosperity, peace, and partnerships. Thus, the analysis perspective cannot be of compartmentalisation but integration and mainstreaming. Each SDG aims to achieve that goal and its associated targets and holistically seeks to improve and achieve other SDGs.

The commitment and responsibility to know and implement the SDGs are universal because it considers us all as actors involved. Indeed, public authorities and civil society are called to simultaneously be active and passive subjects, protagonists to intervene and recipients of the achievements reached with all the actions that serve any of the 17 proclaimed goals. However, the UN Economic and Social Committee’s 2019 Progress Report on the implementation of the SDGs highlights that progress is slow in many of the SDGs, as the most vulnerable people and countries continue to suffer the most, and the global response so far has not been ambitious enough.¹⁰

One way of countering the slow progress is through the joint and coordinated effort of researching and teaching law in universities.¹¹ Interestingly, both the academic and scientific communities support this contribution.¹² With this commitment, this paper aims to analyse the extent to which civil law and procedural law have generated the necessary mechanisms for protecting rights and freedoms while reducing inequalities under the guise of legal sustainability to identify gaps and challenges.

2 The Correspondence of the SDGS with Various Institutions of Civil and Procedural Law

This paper aims to analyse the extent to which international and, mainly, EU legislation incorporates sustainability goals related to civil and procedural law. It is based on the consideration that the contents of civil law and procedural law comprise various institutions and regulations that materialise different SDGs specifically envisaged in their goals.

Firstly, we should see where the SDGs link with civil and procedural laws. Secondly, we should identify any EU regulatory actions that are in line with the SDGs. This cross-cutting work should meet various goals in an integrated and interrelated manner.

SDG 16: Peace, Justice and Strongs Institutions has a particular impact on these areas and, more specifically, the aspects that relate to several of its targets, such as target 16.3 (“[…] ensure equal access to justice for all”); 16.4 (“[…] strengthen the recovery and return of stolen assets and combat all forms of organized crime”); 16.9 (“provide legal identity for all, including birth registration”) y 16.10 (“Ensure public access to information and protect fundamental freedoms”). However, the legal implications, and more specifically in civil law and procedural law, extend to so many other objectives. This is the case of SDG 1, which aims to end poverty and includes among its targets the “access to basic services, ownership and control over land and other forms of property, inheritance, natural resources, appropriate new technology and financial services, including microfinance” (1.4). Also of a solid legal nature, with relevance to civil and procedural law, is SDG 5, which aims to achieve gender equality and empower all women and girls, including through the goals of 5.1, 5.2, 5.3, 5.4, 5.6 and 5.a).¹³ Promoting innovation in SDG 9, sustainable production in SDG 12 and health and wellbeing in SDG 3 also find a place in our legislation through industrial property rules. Likewise, the contents of civil law and procedural law correspond to another of the goals proclaimed by the UN, SDG 10, whose motto is to Reduce inequality within and among countries, which impacts civil and procedural aspects. Similarly, environmental protection is a cross-cutting objective that can be drawn from several SDGs, notably SDG 15: Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.

3 Measures for the Adaptation of the SDGS in Civil and Procedural Law

3.1 Civil and Procedural Measures that Contribute to Achieving SDG 1 in Order to End Poverty Situations

The end of poverty recognised in SDG 1, like the rest of the SDGs, must be interpreted at the international level, through the development of policies aimed at its eradication, as well as at the national level, insofar as States are committed to adopting actions in their legislation.

Poverty has innumerable consequences at various levels, which is why these disciplines address the existing tools to alleviate its effects. These also contribute to the sustainable approach by impacting SDG 10: Reduce inequality within and among countries. Poverty is one of the conditions of vulnerability that generates inequality, which is why the actions developed in the legal systems reach both objectives transversally. The particular condition of vulnerability due to poverty translates, in turn, into a possible difficulty in defending the interests and rights of those affected, in the event of any violation of their legitimate rights and interests.

The EU has been developing actions and strategies to eradicate poverty and social exclusion. In November 2017, the European Parliament, the Council, and the Commission proclaimed the European Pillar of Social Rights, setting out 20 principles to support well‐functioning and fair labour markets and welfare systems. These principles revolve around equal opportunities, access to the labour market, fair working conditions, and social protection and inclusion. Principle 11 provides children’s right to protection from poverty and specific measures to enhance equal opportunities for children from disadvantaged backgrounds. The European Commission has also developed an Action Plan for the Pillar, which sets out the concrete actions to be taken to implement the principles of the Pillar.¹⁴ The European Pillar of Social Rights Action Plan provides a new impetus to address poverty and social exclusion in the Union by setting the target with the 2030 horizon to reduce the number of people at risk of poverty or social exclusion by 15 million (or 5 million at the very least).

Furthermore, the EU Strategy on the Rights of the Child¹⁵ states that “children will be able to get good education and healthcare and families will have enough money to meet children’s needs”. The Council Recommendation establishing a European Child Guarantee¹⁶ is also based on the consideration that “together with its Member States, the Union is fully committed to being a frontrunner in implementing the United Nations 2030 Agenda and the United Nations Sustainable Development Goals, including those on eradicating poverty […]” (Whereas 8) and that “the objective of this Recommendation is to prevent and combat social exclusion by guaranteeing the access of children in need to a set of key services. This includes mainstreaming a gender perspective in order to take into consideration the different situations of girls and boys, by combating child poverty and fostering equal opportunities” (Whereas 15). Finally, the European Platform on Combatting Homelessness¹⁷ establishes a series of actions to ensure concrete progress in Member States fights against homelessness.

From the point of view of civil and procedural law, legislative measures that help to avoid situations of poverty include the following: the family maintenance obligations, especially when children are minors; regulations to protect the consumer contracting party, in particular, to ensure that the content of contracts is balanced and free of unfair terms¹⁸; or regulations that prevent inequalities arising from poverty in the area of access to justice.¹⁹

3.2 The Guarantee Contained in SDG 1, Target 4, Regarding Access to the Property, Inheritance and Economic Services

Of relevance among the targets of SDG 1, which is aimed at measures to end poverty, is target 1.4, which promotes the “access to basic services, ownership and control over land and other forms of property, inheritance, natural resources, appropriate new technology and financial services, including microfinance”. The promotion of this objective requires a cross-cutting interpretation imbued with the sustainable nature of the rights recognised.

The right to enjoy property ownership and bequeath is recognised in Art. 17 of the Charter of Fundamental Rights of the European Union.²⁰ Access to the property is promoted through mortgage credit agreements. European legislation now aims to ensure a secure, agile, and effective legal regime to protect this type of operation.²¹

The social function of property takes on particular significance in housing. The protection of the home is recognised in Art. 8 of the European Convention on Human Rights, which recognises the right of everyone to respect his private and family life, his home, and his correspondence. The intimate connection between home and privacy has given rise to a consolidated case law of the European Court of Human Rights.²²

As far as the right to inheritance is concerned, respect for the testator’s will is the fundamental law of inheritance law. Consequently, with the limit of the legitimate rights (in those systems, such as the Spanish one, in which they are established), it must be guaranteed that the testator’s wishes are fulfilled when his last will is executed. The prevalence of the will of the deceased when deciding the destiny of the succession implies the recognition of a “freedom of testament”. This “freedom to testate” includes the free decision to make a will and determine the will’s content. The EU, through Regulation 650/2012,²³ establishes all civil-law aspects of succession to the estate of a deceased person, namely all forms of transfer of assets, rights, and obligations because of death, whether by way of a voluntary transfer under a disposition of property upon death or a transfer through intestate succession. It regulates the jurisdiction, applicable law, recognition and enforcement of decisions, acceptance, and enforcement of authentic instruments in matters of succession, and the creation of a European Certificate of Succession.

3.3 Gender Equality in Civil Institutions and the Process: Adapting SDGs 5 and 10

Gender equality is considered a fundamental right but also one of the essential foundations for building a peaceful, prosperous, and sustainable world. On this premise, SDG 5 aims to Achieve gender equality and empower all women and girls. This SDG connects transversally with SDG 10, which promotes reducing inequalities and ensuring that no one is left behind as an integral element of achieving the SDGs. Historically, the elimination of all forms of discrimination between men and women has been proclaimed at the international level, by the United Nations, specifically in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),²⁴ as well as by the EU in Directives 2002/73²⁵ (now abrogated) and 2004/113.²⁶

Equal treatment of women has necessitated repeated amendments to family law, with a logical recognition that spouses are equal in rights and duties, as well as through the establishment of a regime of joint ownership and exercise of parental authority.

One area of inequality for women is child, early or forced marriages, which is addressed in target 5.3 (“Eliminate all harmful practices, such as child, early and forced marriage […]”). As the European Parliament has highlighted in its Resolution of 4 July 2018 Towards an EU external strategy against early and forced marriages—next steps,²⁷ these marriages are “a serious violation of human rights and, in particular, women’s rights, including the rights to equality, autonomy and bodily integrity, access to education and freedom from exploitation and discrimination, and are a problem that exists not only in third countries, but might also occur in some Member States”. The Report on the Resolution mentioned above “calls on legislators, both in the EU Member States and in third countries, to set the minimum uniform age for marriage at 18 years”.²⁸ Regarding the freedom to marry and choose a spouse, the Istanbul Convention classifies forced marriage as a form of violence against women.²⁹

Concerning women’s access to property ownership, as referred to in target 5.a), at the European level, it is worth mentioning the Directive 2004/113/EC of 13 December 2004, implementing the principle of equal treatment between men and women in the access to and supply of goods and services. Its object is “to lay down a framework for combating discrimination based on sex in access to and supply of goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women” (Art. 1). It is foreseen that Member States will ensure the existence of judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures to enforce compliance with the obligations laid down by this Directive (Art. 8.1); that will introduce into their national legal systems such measures as are necessary to ensure real and effective compensation or reparation, as the Member States so determine, for the loss and damage sustained by a person injured as a result of a discrimination, in a way which is dissuasive and proportionate to the damage suffered (Art. 8.2); and that the associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive (Art. 8.3). With regard to the burden of proof, it is established that “Member States shall take such measures as are necessary […] to ensure that […] it shall be for the respondent to prove that there has been no breach of the principle of equal treatment” (Art. 9.1). By the end of 2022, the Council has approved a Proposal for a Directive that aims at creating a strengthened framework for equality bodies in the European Union to promote equal treatment and equal opportunities and combat discrimination on all grounds and in the fields set out by various Equality Directives.³⁰ This Proposal defines “the designation of one or more equality bodies by Member States, to tackle discrimination”.³¹ Faced with situations of possible discrimination, the Proposal proposes a threefold alternative solution: “Amicable settlements” (Art. 7), “Opinions and decisions” (Art. 8) and “Litigation” (Art. 9).³²

Achieving equality for women must start as a priority and be indispensable in the fight against any form of violence against women. The social need to achieve the peaceful coexistence of women is one of the targets of goal 5, precisely target 2 (“Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation”). The UN, in the Fourth World Conference on Women, already recognised that “violence against women is an obstacle to the achievement of the objectives of equality, development and peace” and that “violence against women both violates and impairs or nullifies the enjoyment by women of their human rights and fundamental freedoms”.³³ For victims of gender-based violence, procedural specialities should be recognised to avoid double victimisation caused by the process, in line with Directive 2012/29.³⁴

3.4 Achieving SDGs 10, Target 2 and 16, Target 3: Equality for Persons with Disabilities in the Exercise of Their Legal Capacity

Objective 10 aims to reduce inequality within and among countries; it must start with eliminating any discrimination enunciated by the various Declarations of Rights. This is the case of the Charter of Fundamental Rights of the EU, Art. 21.1, which prohibits all discrimination, in particular on the grounds of disability. Specifically, target 10.2 aims to “empower and promote the social, economic and political inclusion of all, irrespective of […] disability […]”. Disability has been a particular condition of vulnerability that has historically been aggravated by legislators who have denied recognition of legal capacity to those affected by mental or psychological impairments. This necessary recognition of legal capacity has a strong sustainability character, as it underpins target 10.3 (“Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard”).

The Convention on the Rights of Persons with Disabilities (CRPD)³⁵ marked a shift in protecting the freedoms and rights of persons with disabilities to gain global recognition of disability as a human rights issue. The Preamble of the CRPD recognises “the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices”. The Convention is based on the consideration that persons with disabilities include “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.³⁶ In turn, it contains the commitment of the Signatory States to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”.³⁷ In its far-reaching Art. 12, the Convention obliges States Parties to recognise that “persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life” (paragraph 2) and the obligation to provide them with “the support they may require” to exercise it (paragraph 3), through “safeguards” that ensure respect for “the rights, will and preferences of the person” (paragraph 4).

3.5 Promoting Innovation in SDG 9, Sustainable Production in SDG 12 and Health and Well-Being in SDG 3 Through the Defence of Industrial Property

SDG 9: Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation, more specifically, goals 4³⁸ y 5,³⁹ have their specific adaptation in the regulatory framework of industrial property and, in particular, patents. Likewise, SDG 12.a (“Support developing countries to strengthen their scientific and technological capacity to move towards more sustainable patterns of consumption and production”) requires strong protection of exclusive rights combined with the need for flexibility and speed required for innovation and research. Industrial property is recognised in Art. 17, paragraph 2 of the Charter of Fundamental Rights of the EU. The many Directives aimed at its protection show the importance attached to it.

EU legislation in this area consists essentially of the Convention on the Grant of European Patents (European Patent Convention) of 5 October 1973 and the Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions.

Concerning SDG 3, target 8, aimed at “[a]chieve universal health coverage, including financial risk protection, access to quality essential health-care services and access to safe, effective, quality and affordable essential medicines and vaccines for all”, the EU regulates a system for granting patents for disadvantaged countries. We refer to Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems. The purpose of this Regulation is “to address public health problems faced by least developed countries and other developing countries, and in particular to improve access to affordable medicines which are safe and effective, including fixed-dose combinations, and whose quality is guaranteed” (Whereas 5).

3.6 The Guarantee of Equal Access to Justice in SDG 16

SDG 16: Peace, Justice and Strong Institutions is an aspiration to achieve a strict rule of law with strong institutions in the face of the existence, unfortunately, of numerous “failed States”. One of the fundamental pillars of a healthy rule of law is access to and proper functioning of justice, which is embodied in target 3 of this goal (“Promote the rule of law at the national and international levels and ensure equal access to justice for all”). The goal of equal Access to justice for all reinforces the aspiration of Leaving no one behind and is interlinked with objective 10: Reduced inequalities, especially with targets 2 and 3. In this respect, the European Economic and Social Committee has emphasised that “[w]hat defines the social dimension in a comprehensive sustainability policy is not only that it further develops traditional social policies (such as better welfare payments), but that it does more for justice and participation in the economy—to the benefit of people and regions”.⁴⁰

SDG 16 revolves around three concepts, Peace, Justice and Strong Institutions, which can be understood as intertwined. The achievement of strong institutions and the healthy rule of law rather than failed states requires independent justice and equal access to justice for all citizens.⁴¹

Justice referred to in this SDG 16 has a fundamental value as a guarantor of respect for legality and fundamental rights and freedoms. We must focus on access to justice as a fundamental guarantee of society. To this end, access to justice for people in vulnerable conditions is crucial. At this point, the momentum of the normative body of the 100 Brasilia Rules on Access to Justice for Persons in Conditions of Vulnerability must be recognised.⁴² These Rules define vulnerable persons as a group who “are in a condition of vulnerability when their capacity to prevent, resist or overcome an impact that places them at risk is not developed or is limited by various circumstances, in order to exercise fully before the justice system, the rights recognised by the legal system” (Rule 3). The recognition of the need for specific measures to promote access to justice for vulnerable groups has materialised in different ways in States, not only from the perspective of the existence of an equal right to enforce rights but also from a factual view of the specific procedures to facilitate such access.⁴³

In the area of access to justice for consumers, it is worth mentioning Directive 2020/1828 of 25 November 2020,⁴⁴ which has as its object “to ensure that at Union and national level at least one effective and efficient procedural mechanism for representative actions for injunctive measures and for redress measures is available to consumers in all Member States”.⁴⁵ In short, it involves the development of collective redress with the articulation of the entities empowered by the Member States to defend the individual consumer in national and cross-border infringements, overcoming the obstacles of the costs of the process and imbalances between the parties.⁴⁶

3.7 Recovering and Returning Stolen Assets and Combating All Forms of Organised Crime Recognised in SDG 16, Target 4

Target 4 of SDG 16 identifies the economic aspects of crime as one of the essential elements to target in the fight against crime. This goal establishes, among other things, the desirability to “strengthen the recovery and return of stolen assets and combat all forms of organized crime”. In this respect, it is worth noting the concern at the international level, and more specifically in the EU, about the need to combat the enrichment of criminal activity through confiscation.⁴⁷ Awareness of the new scenario of cross-border organised crime and its economic benefits has a starting point with the Communication from the Commission to the European Parliament and the Council Proceeds of organised crime. Ensuring that “Crime does not pay”.⁴⁸ This line has been continued by the Stockholm Programme and the Conclusions of the Justice and Home Affairs Council on asset confiscation and recovery, adopted in June 2010, which recommend intensified coordination between Member States in the framework of the United Nations Convention against Corruption (UNCAC), the Group of States against Corruption (GRECO) and the work of the Organisation for Economic Co-operation and Development (OECD) on the fight against corruption. The Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union, establishes minimum rules on the freezing of property with a view to possible confiscation and on the confiscation of property in criminal matters.

3.8 Access to Legal Identity, Including Through Birth Registration SDG 16, Target 9

Target 16.9 (“provide legal identity for all, including birth registration”) requires that recognition of legal personality be acquired at birth without any additional temporal or other requirements. It also requires that birth registration be organised in the States through an organised and efficient system.

One of the manifestations of access to legal identity is the right to know one’s origins. At the international level, the right to know the identity of the biological parents is provided for, with different nuances, in Art. 7.1 of the Convention on the Rights of the Child and in Art. 30 of The Hague Convention.⁴⁹ At the European level, it is provided for in the European Charter on the Rights of the Child.⁵⁰

3.9 Measures Ensuring Public Access to Information and the Protection of Fundamental Freedoms in SDG 16, Target 10

Target 10 of SDG 16: Peace, Justice and Strong Institutions aim to “ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements”. Access to information is recognised in different areas. We can cite, firstly, the duties imposed on contracting States and, in particular, for the protection of the consumer or user. Secondly, access to information is also recognised in health-related interventions, where the patient’s right to information plays an essential role. The field of data protection should also be mentioned as one of the essential areas in which the right to information plays an important role.⁵¹

Concerning the procedural protection of fundamental freedoms, States’ legal systems must recognise effective procedures for the protection of the fundamental rights of the individual.

3.10 The Cross-Cutting Value of Environmental Protection in SDGs 6, 7, 13, 14 and 15

The five central axes around which the SDGs revolve—planet, people, prosperity, peace and partnership—are holistically reflected in the protection of the environment. The SDGs 6: Clean Water and Sanitation, 7: Affordable and Clean Energy, 13: Climate Action, 14: Life Below Water and 15: Life on Land are connected to SDG 1: No Poverty, 2: Zero Hunger and 3: Good Health and Well-Being. Environmental protection articulates and enables achieving a wide range of sustainability objectives, hence the importance of its adequate and effective protection. In this respect, the European Economic and Social Committee considers that “social concerns should be addressed in full synergy with environmental and economic ones”.⁵²

National courts must ensure access to justice for the resolution of disputes relating to acts or omissions by private persons or public authorities in breach of national environmental provisions under Art. 9 (2) and (3) of the Aarhus Convention.⁵³ At the EU level, access to justice in environmental matters is also guaranteed regarding the acts and omissions of public authorities.⁵⁴

4 Teaching Transversal Competencies in Civil and Procedural Law Through the Sustainable Development Goals (SDGS)

4.1 The Introduction of Sustainability in University Studies

In 1987 the World Commission on Environment and Development (UNCED), through the Brundtland Commission Report (1987) “Our Common Future”, introduced the concept of Sustainable Development, defining it as development that meets the needs of people today without compromising the ability of future generations to meet their own needs.

In 1992, the UNCED brought together representatives of 179 governments in Rio de Janeiro, Brazil, in what is known as the “Earth Summit”. At this event, the critical issues of sustainability and the conservation of natural resources were raised; a plan of action for a global future with concrete goals were drawn up, creating a working agenda for the new century, the so-called “Agenda 21” (1992).

While precedents identify Higher Education as essential for solving many global problems, Chapter 36 of Agenda 21 recognises that Education is critical to achieving Sustainable Development. Numerous universities have signed declarations, such as the Talloires Declaration (1990) or the Copernicus Charter (CRE 1993), which commit them to introduce Sustainable Development into the education they offer. These declarations have responded to the international awareness of the planet’s unsustainability. In 2002, the United Nations proclaimed, for 2005–2014, the Decade of Education for Sustainable Development, designating UNESCO as the implementing agency for the Decade (2002).

The primary vision of the Decade is a world in which everyone could benefit from education and learn the values, behaviours and lifestyles necessary for a sustainable future and the positive transformation of society.

The new generations must be prepared by acquiring essential competencies coherent with sustainability that will enable them to make appropriate decisions during their personal and professional lives.⁵⁵ Undoubtedly, higher Education is a vital tool for achieving Sustainable Human Development. This forces the university to redesign itself. It cannot continue functioning as it has been up to now if it wants to train professionals capable of facing current and future challenges.

In this sense, the university should not limit itself to generating disciplinary knowledge and developing skills; as part of a broader cultural system, its role is to teach, foster and develop the values and attitudes required by society. Universities must prepare professionals who can use their knowledge in a scientific context and for social and environmental needs. It is a matter of approaching the whole educational process holistically, introducing competencies for sustainability in a transversal way so that the student learns to make decisions and carry out actions based on sustainable criteria.

4.2 The SDGs in Cross-Curricular Learning in the Subjects of Civil Law and Civil Procedural Law

On the road to Sustainable Development, as proposed by the 2030 Agenda and the achievement of the SDGs, education is presented as the main driver to achieving the 17 goals. Target 4.7 of SDG 4 aims to ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including, among others, through education for sustainable development and sustainable lifestyles, human rights, gender equality, promotion of a culture of peace and non-violence, global citizenship and appreciation of cultural diversity and culture’s contribution to sustainable development.⁵⁶ The content of civil and procedural law subjects are materialised in different SDGs. The cross-disciplinary perspective in studying civil law and civil procedure is also essential for students. The aim is to develop a strategy for achieving this objective in Law studies, specifically in the subjects of Civil Law and Procedural Law, to fully incorporate the ODs into the student’s learning process. It is necessary to highlight the culture of sustainable development in the contents of the subjects involved and simultaneously transmit this knowledge and competencies through a methodology with a sustainable approach.

The methodology will consist of individual work with readings and reflections on identifying legal institutions and the SDGs and cooperative work through debates, which develop a critical and reflective spirit. In both cases, the channels for obtaining and developing materials will be through information and communication technologies (SDG 9: Industry, innovation, and infrastructure, 9. c: significantly increase access to information and communications technology and strive to provide universal and affordable access to the Internet and SDG 12: Responsible consumption and production, 12.5: substantially reduce waste generation through prevention, reduction, recycling and reuse).

The assessment will use a mixed system: an evaluation of theoretical and practical knowledge by the teaching staff and a self-assessment by the students regarding their reflections and conclusions concerning the application of the SDGs in the contents of the subjects involved.