Rights of Nature
Legal Recognition and Protection of Nature's Inherent Rights
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Rights of Nature (RoN) grants legal recognition and protection to natural entities, allowing them to exist, thrive, and evolve. Governments in 30 countries have applied or advanced RoN policies with proven ecological and social benefits when implemented well.
Overview
Rights of Nature (RoN) refers to the legal recognition and protection of the inherent rights of natural entities and ecosystems, allowing them to exist, thrive, and evolve. The RoN framework can vary by geographical scope (e.g. nature or specific ecosystems such as rivers or forests), the legal status of natural entities (e.g. legal personhood, living personhood), and guardian structures (e.g. all citizens, indigenous communities, government or government-appointed bodies). The level of liability for guardians varies widely and can sometimes be unclear. In some cases, appointed guardians are supported by designated public funding mechanisms.
RoN polices are often implemented in response to advocacy efforts by Indigenous People and local communities who consider human well-being to be interconnected with the rest of the living planet. RoN frequently addresses broader ecological issues such as illegal mining and river pollution, aiming to rectify systemic shortcomings of existing governance and policy structures in both recognising nature's inherent value and conserving it for future generations.
Implementation
The Ecuadorian government first incorporated Rights of Nature (RoN) into its constitution in 2008. Since then, an increasing number of national and sub-national governments have adopted similar measures: the UN’s Harmony of Nature Programme has identified 30 countries where national or sub-national governments have enacted — or are in the process of enacting — RoN laws.
Impacts
RoN provides legal tools to combat degenerative economic activities. For instance, the Colombian government addressed illegal mining as a result of legal recognition of the rights of Atrato River; the Panama government ruled against large mining project following its Rights of Nature Law. RoN also empowers Indigenous Peoples to maintain traditional stewardship of natural resources, as seen with Māori communities acting as guardians of the Whanganui River in New Zealand.
Overall, RoN introduces eco-centric principles into policy and governance, paving the way for holistic environmental governance. It is a long-term measure, as overturning such laws requires formal legal proceedings.
Challenges
- Poorly defined rights and liabilities have led to the overturning of RoN policies and laws in countries like India and the USA.
- Enforcement can be weak due to lack of funding, conflicting government policies, or insufficient capacity to pursue legal proceedings.
Reference and further reading
- A comparative analysis of 14 case studies worldwide (2024).
- Global Alliance For The Rights of Nature’s Timeline for RoN progress around the world.
- The Eco Jurisprudence Monitor's map illustrates the advancement of Rights of Nature (RoN) and other earth-centered legislation.
- Rights of Nature case studies on the Sustainable Prosperity Policy Database.
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