Environmental law in Ecuador: a comparative perspective of the Constitutional Rights to nature in the international context

Abstract

This study examined the increasing use of the Rights of Nature as an approach to managing land stewardship. The Constitution of Ecuador of 2008 stands out for incorporating the indigenous concept of Pachamama, recognizing nature as the holder of rights. Through the analysis of the cases of the Whanganui River in New Zealand and the Gangotri and Yamunotri glaciers in India, both in 2017, I argue that, although the discourse on individual rights is based on modern subjectivity and the constitutionalism of nation states secular, is revealed as an effective cross-cultural tool to legitimize human management of the planet in the era of the Anthropocene. He argues that the emerging rights of nature debate offers a solid foundation for terrestrial stewardship and is comprised of two key initiatives designed to overcome the limits of European modernity. This rights-based approach establishes obligations towards nature that go beyond mere human interests and recognizes indigenous knowledge as an alternative argumentative domain. Thus, indigenous worldviews become an integral part of the Rights of Nature, thanks to two fundamental aspects of the Anthropocene that are increasingly accepted and valued.