NATURE AS SUBJECTS OF RIGHTS, ANALYSIS OF JUDGMENT 185-20JP/21
Journal
Actualidad Jurídica Ambiental
ISSN
1989-5666
Date Issued
2024
Type
journal-article
Abstract
This article addresses the legal issue of recognizing nature as a subject of rights within the current legal framework, highlighting a paradigm shift in the protection of nature in Ecuador. With the 2008 Constitution, nature transitioned from being an "object of protection" to an entity with its own rights. The ruling 1185-20-JP/21 is used as a case study to analyze these legal and practical implications. The ruling deals with the violation of rights due to irrigation projects without adequate environmental consultation, emphasizing the importance of ecological flow. The Constitutional Court reaffirms the interdependence between the rights of nature and human rights, highlighting the need for a systemic approach to environmental protection. Key legal and jurisprudential precedents are reviewed to contextualize this recognition, evaluating its impact on the legal system and environmental protection, and analyzing the enforceability of these rights through judicial mechanisms. The ruling establishes a crucial precedent for the sustainable management of natural resources and reinforces the importance of protecting the rights of nature to ensure a sustainable future for all generations