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Ecological Constitutionalism and the Rights of Nature

Sala H-506 | Room H-506 | Salle H-506

Chairs:

  • Lola Cubells Aguilar – dolores.cubells@uv.es
  • David Lovatón Palacios – mlovaton@pucp.edu.pe
  • Rubén Martínez Dalmau – Ruben.martinez@uv.es

The first generation of Constitutions to address Nature emerged during the 1970s. The incorporation of constitutional clauses regarding the environment inaugurated what is known as ecological constitutionalism, which developed throughout the last decade of the 20th century. Although significant, the environmentalist approach reflected a form of reductionist anthropocentrism, in which environmental protection responded primarily to human needs. During the first decade of the 21st century, an ecocentric approach was gradually incorporated, giving rise to a second generation of ecological constitutionalism grounded in paradigms related to democratic advancements and legal pluralism.

From Ecuador’s 2008 Constitution to the Spanish Constitutional Court Judgment 142/2024, with its explicit references to ecocentrism, there are numerous constitutional references that define this second generation of ecological constitutionalism in legislation (e.g., Bolivia, Panama) and in jurisprudence (e.g., Colombia, Peru). This development reflects the construction of a democratic ecocentric ethic, the challenges of the climate and ecological crisis, and the need to rethink constitutionalism in light of planetary boundaries. The experiences have been diverse and plural, requiring comparison and evaluation.