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By Christophe Uwizeyimana
The “Rights of Nature” refers to a legal and philosophical concept that grants legal rights to ecosystems, natural communities, and even individual species. This concept contrasts with traditional environmental protection approaches, which typically treat Nature as property to be managed or exploited for human benefit. Instead, the Rights of Nature paradigm recognizes that ecosystems have intrinsic value and rights that should be respected and protected.
United Nations Environmental Programme (UNEP): UNEP describes the Rights of Nature as a “sustainable development paradigm that recognizes that Nature in all its life forms has the right to exist, persist, maintain, and regenerate its vital cycles.” Earth Law Center: The Earth Law Center defines the Rights of Nature as “the recognition and honoring that all ecosystems possess rights.” It advocates for legal systems that “elevate the status of ecosystems to be recognized as rights-bearing entities, thereby granting legal standing to enforce those rights.
The Rights of Nature is a paradigmatic shift away from the rationale of the Industrial Age and the colonial systems that devalued life. It is distinct from environmental law and the paradigm where property rights prevail over that of Nature itself.
The Rights of Nature grounded in the recognition that humankind and Nature share a fundamental, non-anthropocentric relationship given our shared existence on this planet, and it creates guidance for actions that respect this relationship. As a result, the law is experiencing the beginning of an evolution toward recognition of the inherent rights of Nature to exist, thrive and evolve. This evolving legal approach acknowledges that the traditional environmental regulatory systems generally described herein regard nature as property to be used for human benefit, rather than a rights-bearing partner with which humanity has co-evolved. Legal provisions recognizing the Rights of Nature, sometimes referred to as Earth Jurisprudence or Earth Law include constitutions, national statutes, and local laws.
What is Legal Personhood?
Legal personhood of nature is the concept of granting ecosystems, species, or natural entities certain rights and protections under the law.
When a river is granted legal personhood, it means that the river is recognized as having its own rights, which may include the right to exist, flourish, regenerate, and evolve. This designation empowers individuals or organizations to act as legal guardians or representatives for the river, advocating for its well-being and protection. Legal personhood for a river often involves a legal mechanism that assigns a set of rights to the river through legislation, court rulings, or constitutional amendments.
This approach reflects a growing recognition of the interconnectedness of human and natural systems and seeks to ensure the sustainable management and care of rivers and their ecosystems. One notable example of legal personhood for a river is the case of the Whanganui River in New Zealand. In 2017, the New Zealand Parliament passed legislation recognizing the Whanganui River as a legal person with its own rights and interests.
This landmark decision was the result of years of negotiation between the government and the local Maori iwi (tribe), who view the river as an ancestral and spiritual entity deserving of legal protection. Overall, legal personhood for a river represents a paradigm shift in environmental law and governance, emphasizing the importance of recognizing and respecting the rights of Nature in legal systems.
The world’s 8.1 billion people represent just 0.01% of all living things, according to the study. Yet since the dawn of civilisation, humanity has caused the loss of 83% of all wild mammals and half of plants, while livestock kept by humans abounds.
To protect nature, The World can implement policies that prioritize conservation and sustainable resource management, as advocated by organizations such as the World Wildlife Fund (WWF) and the Nature Conservancy. This entails preserving natural habitats, promoting renewable energy sources, and reducing pollution and waste. By collaborating with experts and following evidence-based strategies endorsed by reputable conservation organizations, we can effectively safeguard our environment for future generations.
