¿Qué son los derechos de la naturaleza y por qué los necesitamos? – What are the rights of nature and why do we need them?
Writen by Luis Lloredo Alix (UAM).
Abstract
The rights of nature are increasingly recognized in legal frameworks around the world. Fifteen years after their inclusion in Ecuador’s Constitution in 2008, many natural entities like rivers, mountains, and forests have been granted legal rights through constitutions, laws, judicial rulings, or municipal ordinances. These rights are no longer just a philosophical concept but a global legal reality. Traditionally viewed as a notion tied to South American countries, this legal concept has now reached Europe, as seen in Spain’s recognition of the legal rights of the Mar Menor lagoon.
The essence of rights, including those of nature, lies in justice. Critics, often rooted in elitist or colonial mindsets, might dismiss this as a naïve or symbolic approach. However, nature’s rights reflect a growing shift toward ecocentric worldviews, fueled by an urgent need to address the environmental crisis. As humanity faces the sixth mass extinction—driven by human actions—recognizing the legal rights of ecosystems is a step toward protecting life on Earth. Legal scholars and institutions may debate the technical or strategic merits of these rights, but history shows that even symbolic declarations, such as the 1789 French Declaration of Human Rights, can profoundly shape justice over time. The recognition of nature’s rights may be a similarly transformative legal and cultural milestone.
