Some interests of the nature considered important in granting said rights include the interests of existence, habitat or fulfillment of ecological functions.
José Vicente López-Bao (University of Oviedo-CSIC-Principado de Asturias), Guillaume Chapron (Swedish University of Agricultural Sciences) and Yaffa Epstein (Uppsala University) defend in the journal ‘Science’ that recognizing the rights of nature can contribute to better protection of natural systems. The article is titled ‘A Revolution of Rights for the nature”. “Recognizing these rights as basic subsistence rights can provide greater protection of the environment, as these basic rights cannot be eliminated,” López-Bao said.
Some interests of the nature that are considered important in granting said rights include the interests of existence, the living environment or the fulfillment of ecological functions. “There are interesting proposals regarding the recognition of species’ property rights over their habitats,” says the researcher.
Although the movement to promote the rights of nature is similar to the animal rights movement, in that both seek to promote the rights of non-human life forms, animal rights, like human rights, are focused on the individual, while those of nature are more like collective rights.
A fervent defense of nature
“Parallels can be made with collective rights, such as those of nations to self-determination or the right to cultural protection,” says the researcher who signed the text in ‘Science’.
Defenders of this proposal argue that the destruction of nature It is a moral wrong that must be stopped. “This statement is not based on scientific evidence, but is no less valid than the statement that harming people is a moral wrong,” the article’s signatories claim. “It is interesting to observe how rights have been granted to non-human entities such as corporations or states, and even the legal personality of robots is currently being discussed, while the debate about the rights of nature seems to be playing in the background,” he says . they comment.
The authors indicate that the goal would be to focus on the rights of natural communities, ecosystems or other natural entities that support life or life, such as mountains or rivers. For example, in 2018, the legal personality of the animal kingdom was recognized in India. However, this work states that, in order to protect the rights of the nature, Several questions still need to be answered and contributions from different disciplines will be needed to implement this “revolution” of rights and ensure its effectiveness.
As is the case with many human rights, it is not immediately clear how such rights will be defined, for example what type or quality of nature restoration natural entities might be entitled to. Scientists, philosophers and lawyers would play an important role in interpreting the possible implications.
New data on biodiversity and ecosystem services
As explained in a press release from the University of Oviedo, scientific evidence shows that the global environmental crisis is accelerating. José Vicente López-Bao points out that “the recent publication of the Intergovernmental Platform for Biodiversity and Ecosystem Services (IPBES) report is clear in this regard. Of the total species evaluated in the report, it is estimated that approximately 25% of species are threatened, and at least one million species are at risk of extinction.
Most of the proposed Aichi targets for biological diversity will not be met, said the professor, whose approach is that “we may set new targets, which cannot be guaranteed to be met or that we can begin to implement them effectively .” and decisive conservation measures. Overall, environmental laws alone have not been able to reverse the current trend the biodiversity crisis«.
He argues that most existing environmental laws, as designed, regulate rather than block the destruction of the natural world. However, in recent years, the aforementioned movement has emerged to recognize the rights of nature. Rather than gradually reforming existing environmental laws, a growing number of jurisdictions around the world have recognized such rights, in Bolivia, Ecuador, India, New Zealand or Colombia.
Article updated on 22/05/2024