Most environmentalists believe that nature has a right to exist for its own sake, but that's not how the law works in our country.
In the United States, nature is defensible only if a human will miss the forest, species, or clean water when it is gone. To use the law, a human must first prove harm to their person.
If that proverbial tree falls in the woods and no human cares, no laws were broken. But if a tree falls and the hiker who depended on its shade is harmed, the U.S. legal system may provide some relief.
Breaking with tradition and establishing a bold legal precedent, Ecuador recently decided that nature should have rights of its own. Just for the sake of protecting nature and the intricate web of life that depends on it.
Although constitutions in other countries have long provided stronger protections than those available in the United States, guaranteeing for example the right of all citizens to enjoy an environment that is healthy and in equilibrium, as in Costa Rica, the right of nature to simply exist and continue to evolve for its own sake has not yet been guaranteed.
However, the Rights of Nature section in the Ecuadorian constitution that recently became law does just that. In Ecuador today, an ecosystem:
- Has the "right to exist" and—perhaps more importantly—to "persist."
- Has the right to "maintain and regenerate its vital cycles, structure, and functions."
- Has the right to "its processes in evolution."
And most importantly, any person, people, or community can take legal action to defend those rights without showing personal harm.
Rights of Nature provisions may finally provide balance in legal systems around the world that tend to view nature as only an economic resource for humans.
We congratulate our colleagues in AIDA and ECOLEX who contributed to the efforts that led to this great precedent.
There are some worries that this new take on the inherent importance of defending nature may be too associated with President Rafael Correa, and that these new provisions are only as strong as the party currently holding power in Ecuador.
But if the country remains stable, the Ecuadorian Rights of Nature could be a model for what may someday become standard practice in constitutions around the world.
Each year, the Earthjustice International Program tracks changes in national environmental laws from around the world. See our recent reports.
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Cheers!! This makes me so very happy and I can only imagine what this might do for the rest of the world! ^^ Hooray for good news~!
Its about time nature is respected as an entity unto itself with forests and wildlife included, natural and ancient habitats seen as that . Time has come to make better use of already developed and damaged city and urban areas before spreading further and further into deemed wild regions. Without the forests making oxygen and water with rain and snow,life for all will be lost.
I am glad some where this is taking place. Now if we could get this done on a worldwide scale.... think of all that good that could be done for nature!
As a Native woman who has always known that all earth is alive and sentient, I am proud of Ecuador and hope that we can learn to follow their example. We are especially aware of the damage to our own environment here in the use of pesticides and their consequences, also in the clearing of our forests. We have only one earth and we all need to be aware of the legal rights of all life forms.
IT IS MY GREAT HOPE THAT ONE DAY EVERY LEADER OF EVERY COUNTRY ON EARTH WILL BE AS WISE AS the PRESIDENT OF ECUADOR TO EN-ACT
"THE RIGHTS OF NATURE LAW". GOD MUST BE SO "THRILLED" THAT FINALLY SOME OF GOD'S CREATURES TRUELY APPRECIATE THE FANTASTIC WORLD OF NATURE GOD ENTRUSTS TO US. HERE IN THE USA OUR LEADERS ARE STILL IN THE DARK AGES OF IGNORANCE THROUGH THEIR OBSESSIVE GREED.
WE CAN ONLY REJOICE THAT VICE-PRESIDENT GORE AND WE WHO FOLLOW HIS WISE COUNSEL ARE DOING ALL WE CAN TO PROTECT THE FRAGILE ENVIRONMENT GOD ENTRUSTS TO US.
I am so proud of Ecuador for doing this ! It's about time that profit should not be the catalyst for every action taken regarding Nature ! Bravo !!!!!
My big regret is that the USA is not the leader in acts of protection and care of Nature.
We as a nation are diminished by this kind of insight coming from Ecuador who "gets it" while the USA is still in the dark ages when it comes to respect and protection of ecosystems for their own sake !
Mais enfin! Someone finally got it..that had the political power to put the obvious into actin. So many have seen and were not heard. Good for them, may it make the rest of the world's politicians shift very uncomfortably in their seats, and us breathe at last...
For another angle on this, read the just-published book by Alanna Hartzok "The Earth Belongs to Everyone". Her website: www.earthrights.net.
A truly heartening event, its reality to be shared widely by everyone!
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