In a rural area, maintaining a swimming pool operational—a symbol of progress and human dominance—requires a potent cocktail of chemicals to counteract nature's relentless efforts to regain it. The pool's owner, a good friend of mine, remarked that “you must use a lot of violence against nature to prevent it from taking its course back”. This observation encapsulates the inherent conflict in our relationship with the natural world: our opposition to the planet's rhythms and processes.
The notion of violence against nature lingered in my mind, resurfacing as I recalled other instances of humanity's struggle to impose order on a force fundamentally inclined to reclaim its space. This dichotomy was starkly portrayed by Werner Herzog in the film Fitzcarraldo (1982), where the protagonist (Klaus Kinski) undertakes the irrational and reckless task of transporting a steamship over a mountain in the Peruvian Amazon, relying (naturally) on the labor of local indigenous people. After months of filming in the jungle, Herzog responded to an interviewer with a vivid description of his audacity, referencing the constant «overwhelming fornication (1)» and nature's indomitable capacity to regenerate itself, regardless of human resistance (2). Yet, our stubbornness to dominate always comes with devastating consequences. Another sad example is in the recent floods caused by Storm Dana in Valencia, which claimed the lives of more than 220 people as rivers, swelling rapidly, reclaimed their ancient courses upon overflowing. Needless to say, this tragedy was exacerbated by a series of disastrous political mismanagements before and after the disaster.
This lengthy introduction serves as an illustrative reminder of nature's power to resist human control, despite being regarded for centuries as property—an infinite resource to exploit. Legal systems and economic models have prioritized extraction over coexistence, often relying on technology to attempt to mitigate the damage. Perhaps, before anything else, we should discuss the multifaceted concept of "nature (3)" which encompasses diverse values beyond mere economic utility, yet is often overlooked in global decision-making frameworks. Despite international agreements like the Kunming-Montreal Global Biodiversity Framework and the UN's Sustainable Development Goals, most environmental policies continue to prioritize market-driven values, neglecting the cultural, spiritual, and intrinsic aspects of human relationships with nature.
Clearly, we need some light in the anthropocentric tunnel. A glimmer emerges from the Rights of Nature (RoN) (4) movement—rooted in Christopher Stone's 1972 book Should Trees Have Standing? (5)—which repositions nature as a legal subject with inherent rights. It proposes that ecosystems and species hold inherent rights akin to fundamental human rights, challenging the view of nature as property to be exploited. This paradigm shift is based on two principles: first, just as human rights arise from human existence, the rights of nature derive from its existence; second, human survival depends on the health of ecosystems, making the protection of nature essential for human well-being. Rooted in interconnection, these rights advocate for laws that align human actions with the scientific understanding of ecological systems.
Ecuador was pioneer in 2008, embedding the RoN in its Constitution. Guided by the indigenous principle of Sumak Kawsay (“Buen Vivir” or “Good Living”), Ecuador recognized nature as a stakeholder, ensuring its right to protection and restoration. This bio-framework redefines the relationship between humans and nature, emphasizing harmony over exploitation. Since then, Ecuadorian courts have upheld these principles in over 50 judicial decisions, setting a precedent that has inspired similar initiatives in countries like Colombia, Brazil, and New Zealand. In Colombia, the Constitutional Court granted rights to the Atrato River in 2017, establishing a governance framework involving local communities and scientific experts. Similar rulings have protected rivers in Bangladesh, Mexico, and Canada, where indigenous stewardship models are increasingly being integrated into environmental governance. These legal advances reflect a growing acknowledgment that nature is not merely a resource but an interconnected pattern of life, essential for planetary health.
This reimagining of nature's role extends beyond rural ecosystems and has begun to permeate the European sphere. The European Commission's funding calls advocate for reflection not only from the human perspective but also considering natural agents. Urban rewilding projects, such as the EU's GreenInCities initiative—in which we participate at Ideas for Change—explore ways to integrate nature into urban planning by recognizing non-human entities as stakeholders. The project's nature is purely experimental, testing possibilities of co-creation and technology to enhance city life, with special attention to marginalized and constrained areas. Therefore, for now, no legal recognition is granted to non-human stakeholders, although they are included as affected parties in all design and implementation processes of renaturalization solutions. These new efforts challenge the traditional notion of cities as isolated from nature, proposing instead a model of coexistence that benefits both biodiversity and human well-being.
Despite a promising approach, the Rights of Nature movement faces significant challenges. Legal systems must address complex issues, such as balancing the rights of the species considered invasive against native ones, or reconciling human needs with ecological priorities. Moreover, the movement's success depends on its ability to navigate entrenched economic and political interests that prioritize short-term gains over long-term sustainability.
However, these challenges should not deter us from envisioning better scenarios. Conceiving a viable future requires experimenting and reimagining our relationship with Earth. As we reconsider our legal and ethical frameworks, we must embrace the experimental nature of these new initiatives. And as the United Nations' Harmony with initiative emphasizes, any sustainable future demands abandoning anthropocentrism in favor of a paradigm that respects nature as an equal partner.
The Rights of Nature offer a hopeful path toward this vision, challenging us not only to exist but to coexist harmoniously with the planet. They are more than a legal doctrine: they are a call to action urging humanity to rethink its dominance and forge a new relationship with the environment, based on respect.
Author: Anna Higueras ( IFC and GreenInCities)
References:
- Part of the interview can be watched here: https://www.youtube.com/watch?v=ze9-ARjL-ZA
- Werner Herzog later wrote the book ‘Conquest of the useless’ in 2004 as a reflection of the 2 years of Fitzcarraldo footage in the Amazonia.
- A good source to further reflect on the topic: https://www.nature.com/articles/s41586-023-06406-9
- Source: https://en.wikipedia.org/wiki/Rights_of_nature
- Stone’s work sparked a global conversation on granting ecosystems the legal standing to “exist, flourish, and regenerate.
- Visit http://harmonywithnatureun.org/
Sources of information:
- Stone, Christopher D. Should Trees Have Standing? Law, Morality, and the Environment. Oxford: Oxford University Press, 2010.
- https://www.cambridge.org/core/journals/transnational-environmental-law/article/how-ecuadors-courts-are-giving-form-and-force-to-rights-of-nature-norms/186BBD0B99125ED2BAB3FE752C386FEA
- https://www.environmentandsociety.org/mml/should-trees-have-standing-law-morality-and-environment
- https://www.environmentandsociety.org/mml/should-trees-have-standing-law-morality-and-environment
- http://harmonywithnatureun.org/
- https://en.wikipedia.org/wiki/Rights_of_nature_in_Ecuador
- https://www.lbbonline.com/news/agency-for-nature-returns-to-build-love-for-the-most-important-client-on-earth-nature
- https://rewildyourself.com/
- UN Harmony with Nature Report 2020: http://files.harmonywithnatureun.org/uploads/upload1019.pdf
- https://voicefornature.com/projects/rightsofnature/
- https://en.wikipedia.org/wiki/Rights_of_nature
- https://www.nature.com/articles/s41586-023-06406-9
