Spring 2008

Victory for the environment

The population of Ecuador voted in a new constitution on Sunday September 29 that, among other reforms, is to provide nature with legal rights similar to those enjoyed by humans.

11 February 2009

In an already approved bill of rights, notes The Guardian, the new laws change the legal status of Ecuador’s tropical forests, islands, rivers and air from being property to being rights-bearing entities. The proposed bill states: "Natural communities and ecosystems possess the unalienable right to exist, flourish and evolve within Ecuador. Those rights shall be self-executing, and it shall be the duty and right of all Ecuadorian governments, communities, and individuals to enforce those rights."

Thus, for possibly the first time on the planet, a lawsuit may be able to be filed on behalf of an ecosystem rather than, as is the case in current anthropocentric legal frameworks, a person having to prove a link between environmental degradation and personal injury – an often extremely difficult task – before measures to protect the environment can be ordered by a court.

In the last issue of Mind Shift internationally acclaimed environmental attorney Cormac Cullinan provided a strong critique of up-to-now universally accepted anthropocentric law, stating: “…in the eyes of the law all other species and aspects of nature are objects, and consequently, incapable of having any legal rights.”

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