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Ecuador’s 2008 Constitutional Recognition of the Rights of Nature

Ecuador became the first country in the world to recognize the Rights of Nature in its Constitution, granting ecosystems legal standing. This milestone was heavily influenced by Indigenous worldviews and environmental advocacy.

Chevron-Texaco Case (“The Trial of the Century”)

A landmark legal battle against Chevron-Texaco for environmental devastation in the Ecuadorian Amazon. Indigenous communities and activists sought justice for one of the world’s worst oil-related environmental disasters.

Yasuní-ITT Initiative & 2023 Referendum

A global campaign initially aimed at leaving oil reserves untapped beneath Yasuní National Park, one of the most biodiverse places on Earth. Ecuador’s 2023 referendum allowed citizens to vote on stopping oil extraction in Block 43.

Bosque Protector Los Cedros Case

A historic Ecuadorian Constitutional Court ruling recognizing the Rights of Nature and stopping mining in Los Cedros cloud forest, setting a precedent for conservation.

Piatúa River Case

A legal victory in Ecuador where Indigenous communities defended the Piatúa River against a hydroelectric project, citing the Rights of Nature.

Estrellita Case (Animal Rights Precedent in Ecuador)

The Ecuadorian Constitutional Court ruled that animals are subjects of rights under the Rights of Nature framework, extending legal protections to wildlife.

Río Dulcepamba Case

A legal battle over water rights in Ecuador, where communities used the Rights of Nature framework to challenge corporate water extraction.

The Atrato River Case (Colombia)

A Colombian court granted legal rights to the Atrato River, inspiring Rights of Nature cases worldwide, including in Ecuador.

Eduardo Galeano’s “Nature is Not Mute”

Referenced in the episode, Galeano’s work critiques environmental destruction and capitalism’s impact on Nature.

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“Should Trees Have Standing?” by Christopher Stone

This seminal work by Christopher Stone, first published in 1972, argues for extending legal rights to natural objects like trees, rivers, and ecosystems. It is one of the foundational texts in the Rights of Nature movement.

Notre Affaire à Tous

This French NGO, founded by Marie Toussaint, focuses on climate justice. It led L’Affaire du Siècle, a groundbreaking case that held the French government accountable for its inaction on climate change.

Philippe Descola’s Work on Nature and Culture

Philippe Descola is a renowned anthropologist whose work challenges Western dualism by exploring how different cultures perceive and relate to Nature. His book Beyond Nature and Culture is widely acclaimed.

Mar Menor Lagoon Legal Case

This citizen-led initiative in Spain seeks to recognize legal rights for the Mar Menor lagoon, heavily polluted due to agricultural runoff. The Spanish Parliament is considering the proposal, marking a milestone for environmental protection in Europe.

Parliament of the Loire (France)

A creative project where artists and urban planners work to amplify the “voice” of the Loire River, advocating for its legal rights and sustainable management.

Embassy of the North Sea (Netherlands)

An experimental project in the Netherlands that seeks to give the North Sea a voice through creative representation, combining art, science, and policy.

Rights of Nature Cases in Ecuador (e.g., Los Cedros)

Landmark cases like the protection of Los Cedros cloud forest showcase Ecuador’s progressive legal recognition of Nature’s rights. The Constitutional Court halted mining activities to protect biodiversity.

Intergenerational Pact for the Life of the Colombian Amazon

A groundbreaking initiative that aligns legal rights for the Amazon with intergenerational responsibility, ensuring protection for future generations.

“We know that our planet is sick. We know that our planet needs to be changed and we need a new paradigm of how we relate to Nature. And all of these initiatives that are happening around the world, I see them as this sort of acupuncture where we’re healing the world with this transformation and this understanding that Nature is a subject of rights.”

Natalia Greene

“For me, the recognition of the Rights of Nature is based on three different pillars: The first one is to recognize and acknowledge the Rights of Nature, that Nature already has the right to flourish and not be polluted. The second is to establish a way to defend Nature in front of the courts, which Ecuador has but we are a long way to go in Europe. The third pillar is also defending Nature in court after it has been damaged, or when someone wants to damage it.”

Marie Toussaint

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International Indigenous Women’s Treaty on the Rights of Nature

This groundbreaking treaty, shaped by Indigenous women leaders like Casey Camp-Horinek, advocates for the protection and recognition of Nature’s inherent rights from an Indigenous perspective.

Ponca Tribe’s Rights of Nature Statute

The Ponca Nation established this statute, embedding Indigenous principles into legal frameworks to protect Nature. It includes elements like free, prior, and informed consent from the UN Declaration on the Rights of Indigenous Peoples. The Ponca Nation recognized the rights of their rivers, affirming the natural law that these ecosystems inherently hold the right to exist and thrive.

Indigenous Environmental Network (IEN)

Led by Tom Goldtooth, IEN works globally to empower Indigenous communities to defend environmental justice and promote sustainable living.

Ecuador’s Rights of Nature Constitutional Inclusion (2008)

Ecuador became the first country in the world to enshrine the Rights of Nature in its Constitution in 2008.

UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

UNDRIP ensures the rights of Indigenous peoples, including provisions like free, prior, and informed consent. This principle is foundational to the Ponca Tribe’s Rights of Nature statute.

Turtle Island Indigenous Nations and the Rights of Nature

Hundreds of Indigenous nations in North America (Turtle Island) have been exploring and incorporating Rights of Nature frameworks into their governance.

“We’re not separate from Nature… virtually every breath we take, every bite that we eat, every drink that we take, is just one more way of physically, spiritually, mentally and emotionally connecting us with all that is.”

Casey Camp-Horinek

“What is this phenomenon of a lot of people who are not Indigenous studying this issue of recognition of the Rights of Nature? In ceremony, they answered: This is part of the prophecy, of people coming back to understand who they are.”

Tom Goldtooth

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The Anthropocene

A proposed geological epoch defined by the significant impact of human activity on Earth’s geology and ecosystems, particularly since the Industrial Revolution. It highlights issues like climate change, biodiversity loss, and the crossing of planetary boundaries.

Planetary Boundaries

A scientific framework developed by the Stockholm Resilience Centre, identifying nine planetary boundaries critical to Earth’s stability. Human activity has already exceeded six of these boundaries.

Biocentrism

A philosophical paradigm that places all life forms and ecosystems at the center of value and moral concern. It contrasts with anthropocentrism by emphasizing the interconnectedness of all life and the intrinsic value of Nature.

Buen Vivir (Good Living)

A concept rooted in Indigenous Andean cosmovisions, promoting a harmonious coexistence between humans and Nature. It advocates for collective well-being over material growth and development.

Karl Polanyi’s “Homo Economicus”

Polanyi critiques the concept of Homo Economicus, which depicts humans as rational agents always seeking to maximize self-interest. This notion underpins modern capitalism and contrasts with Indigenous values of community and balance.

Financialization of Nature

A critique of market-based environmental solutions, such as carbon trading and treating natural resources as financial assets, which prioritize profit over ecological well-being.

Jeremy Bentham’s Utilitarianism

Bentham’s philosophy, which prioritizes actions that maximize happiness and minimize suffering, serves as a foundation for modern capitalism’s focus on utility and profit.

“Putting the conservation of the mere conditions of reproduction of life at the center would be the priority politics we would need in our times.”

Miriam Lang

“We are approaching a very deep paradigmatic shift… We are facing a very deep change in the notion of value. The notion of value is strongly linked with the notion of rights. We value Nature as well as we value ourselves as a part of Nature. That is Biocentrism (…) We cannot regard ourselves as the only intelligent species, with that kind of intrinsic superiority over Nature, conceiving Nature as a thing that can be destroyed, appropriated, transformed, or even extinguished. That is why Biocentrism is based on equilibrium, an equilibrium between human civilization (…) and the intrinsic mechanism of existence and evolution of ecosystems.”

Carlos Larrea