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What is Rights of Nature

Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws
The discussion about the rights that belong to nature has to do with rethinking the relationship between humanity and the environment that surrounds us, explains Florencia Ortuzar. To grant rights to nature is to recognize it as something valuable per se, beyond its usefulness for humans, as it is traditionally conceived today. By recognizing rights, it ceases to be an object that can be appropriated to be understood as a subject that has the right to develop to its fullest and to be respected and protected. In 2008, Ecuador became the first country in the world to recognize in its Constitution inalienable rights to nature, thus making it a subject of law.
Published in Chapter:
Environmental Law and Green Constitutions
DOI: 10.4018/978-1-6684-7188-3.ch013
Abstract
The general theory of environmental orthodoxy is based on the idea that by introducing the issue of the environment and the need to protect and protect it in the constitution as a reference norm, we will see the establishment of the legal order in this field. In this chapter, an attempt has been made to analyze the content of the constitutions of Latin America in the context of environmental issues and the conservation of natural resources with a comparative approach and as an example. The basic hypothesis of this chapter is based on the fact that today, paying attention to the issue of the environment at the level of constitutions means following sub-norms and the legal system from the norm of reference and the effects that this right can have in the legal system. This is well reflected in the constitutions of Latin America.
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