Naturaleza y Sociedad. Desafíos Medioambientales

Nat. Soc.: Desafíos Medioambient. | eISSN 2805-8631

Birth of a Movement

No. 4 (2022-12-01)
  • Mari Margil

Abstract

This paper explores the evolution of the concept of nature's rights, from its theoretical origin to its practical implementation. The idea of granting legal rights to nature was first proposed by American law professor Christopher Stone in 1972, in his article "Should Trees Have Standing? Toward Legal Rights for Natural Objects". This vision, initially ridiculed, began to materialize in 2006 with the passage of a law in Tamaqua, Pennsylvania, recognizing nature as a legal entity with rights. Lawyer and activist Thomas Linzey played a crucial role in drafting this law and in the adoption of similar laws in various communities across the United States. Additionally, Linzey contributed to the drafting of Ecuador's 2008 Constitution, the first in the world to enshrine nature's rights at the constitutional level. The article highlights how these laws seek to protect the environment from the harm authorized by traditional legal systems, which consider nature as a resource at the service of humans. The movement for nature's rights represents a paradigm shift in how societies perceive and treat the environment, promoting a more holistic and respectful view of nature as a being with its own rights.

Keywords: Dialogues, Nature's rights, Legal entity, Constitution, Environmental protection

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