Rights To Nature

Rights To Nature

Subject: Environment

Context- Chile poised to grant rights to Nature; could become 2nd such country besides Ecuador.

Concept-

• On March 25, 2022, the plenary body of Chile’s Constitutional Convention formally approved the Rights of Nature within its proposed constitutional text.
• Two articles reflect elements of the proposals include:
  • Article 4 on the Rights of Nature: Nature has the right to have its existence protected and respected, to regeneration, to the maintenance and restoration of its functions and dynamic balances, which includes natural cycles, ecosystems and biodiversity. The State through its institutions must guarantee and promote the Rights of Nature as determined by the constitution and laws.
  • The other is Article 26 on various Earth-centred principle It reads: These are principles for the protection of nature and the environment and include, at minimum, the principles of progressivity, precautionary, preventive, environmental justice, intergenerational solidarity, responsibility, and fair climate action.
• Other proposals related to environment include:
• Article 1: Climate and ecological crisis. It is the duty of the State to adopt actions of prevention, adaptation and mitigation of risks, vulnerabilities and effects caused by the climate and ecological crisis.
• Article 2: Animals. Animals are subject to special protection. The State will protect them, recognising their sentiment and the right to live a life free from abuse. The state and its agencies will promote an education based on empathy and respect for animals.
• Article 23 B: The State protects biodiversity, having to preserve, conserve, and restore the habitat of wild native species, in such quantity and distribution that adequately sustains the viability of their populations and ensures the conditions for their survival and non-extinction.
• Article 33: Environmental democracy. The right of participation to inform environmental matters is recognised. Participation mechanisms will be determined by law. All people have the right to access environmental information that is in the possession or custody of the State.