Please use this identifier to cite or link to this item:
https://hdl.handle.net/10316/107375
Title: | The rights of nature and the human right to nature: an overview of the European legal system and challenges for the ecological transition | Authors: | Alves, Fátima Costa, Paulo Manuel Noveli, Luca Vidal, Diogo Guedes |
Keywords: | rights of nature; Europe; legal system; ecological transition; European green deal | Issue Date: | 6-Jul-2023 | Project: | info:eu-repo/grantAgreement/EC/H2020/101037328/EU/The rise of citizens voices for a Greener Europe info:eu-repo/grantAgreement/UIDB/04004/2020 LA/P/0092/2020/Associate Laboratory TERRA |
Serial title, monograph or event: | Frontiers in Environmental Science | Volume: | 11 | Abstract: | Introduction: The recognition of the Rights of Nature has been established though several constitutional, legislative, and judicial enactments, which aim to provide legal protection for non-humans’ entities and natural systems. Although some countries have made progress in recognizing the rights of nature, the prevailing assumption remains that nature is a resource to be exploited for human benefit. In the context of ecological transition debates, it is important to understand how the European legal system perceives Nature and its rights. Achieving a significant shift in legal and cultural norms that prioritize nature’s protection may be challenging. Methods: This paper reports on research conducted in a sample of 6 countries within the PHOENIX consortium, a European H2020 project that aims to develop participatory methodologies and democratic innovations to facilitate the ecological transition as envisioned by the European Green Deal, whose objective was to find out how these countries embodied the Rights of nature into their legal systems, both at constitutional level and at the level of environmental and related laws and policies. Results: The results indicate that in legislative terms, concepts of nature are absent, and instead, the term environment or natural resources are used. Furthermore, rights of nature are rarely recognized in all countries, with anthropocentric and in instrumental views prevailing. In contrast, the human right to Nature is widely recognized in all countries, referring to the right of all individuals to access to and live in a healthy environment. Discussion: Despite the importance of the human right to Nature as a matter of equity and justice, failure to recognise the rights of nature and protect/respect its limits may constitute a potential barrier to ecological transition. | URI: | https://hdl.handle.net/10316/107375 | DOI: | 10.3389/fenvs.2023.1175143 | Rights: | openAccess |
Appears in Collections: | I&D CFE - Artigos em Revistas Internacionais |
Files in This Item:
File | Description | Size | Format | |
---|---|---|---|---|
fenvs-11-1175143__2_.pdf | 877.73 kB | Adobe PDF | View/Open |
SCOPUSTM
Citations
3
checked on Aug 19, 2024
WEB OF SCIENCETM
Citations
2
checked on Aug 2, 2024
Page view(s)
92
checked on Aug 27, 2024
Download(s)
40
checked on Aug 27, 2024
Google ScholarTM
Check
Altmetric
Altmetric
This item is licensed under a Creative Commons License