Does nature have rights? Ecuador may say yes

The Guardian (UK): The South American republic of Ecuador will next week consider what many countries in the world would say is unthinkable. People will be asked to vote on Sunday on a new constitution that would give Ecuador's tropical forests, islands, rivers and air similar legal rights to those normally granted to humans. If they vote yes - and polls show that 56% are for and only 23% are against - then an already approved bill of rights for nature will be introduced, and new laws will change the legal status of nature from being simply property to being a right-bearing entity.

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."

Thomas Linzey, a US lawyer who has helped to develop the new legal framework for nature, says: "The dominant form of environmental protection in industrialised countries is based on the regulatory system. Governments permit and legalise the discharge of certain amounts of toxics into the environment. As a form of environmental protection, it's not working. In the same way, compensation is measured in terms of that injury to a person or people. Under the new system, it will be measured according to damage to the ecosystem. The new system is, in essence, an attempt to codify sustainable development. The new laws would grant people the right to sue on behalf of an ecosystem, even if not actually injured themselves."

Until now, all legal frameworks have been anthropocentric, or people-based. To file an environmental lawsuit requires a person to provide evidence of personal injury. This can be extremely difficult. To provide a conclusive link, say, between a cancer and polluted drinking water is, legally speaking, virtually impossible….

Get off my lawn -- the law is on my side. So says this American saltwater crocodile. This photograph was taken at La Manzanilla, Jalisco State in Mexico, on the Pacific Coast, by Tomás Castelazo. Wikimedia Commons, under the Creative Commons Attribution ShareAlike 2.5 License