Rights of Nature

Although not a legally binding  international instrument ¹, the Universal Declaration of Rights of Mother Earth was made at the World People’s Conference on Climate Change and the Rights of Mother Earth held in Bolivia in 2010 ².  The Universal Declaration was spearheaded by the Global Alliance for the Rights of Nature which is a network of experts, individuals and organizations that advocates for recognition and protection of the rights of nature. It has not received approval or adoption on an international stage although it is conceivable that something similar could eventually be adopted internationally (for instance, there is a United Nations Declaration on the Rights of Indigenous Peoples, a United Nations Universal Declaration of Human Rights and so forth).

The Universal Declaration acknowledges that Mother Earth is a living being with inalienable, inherent rights, and that all beings have rights that are specific to their species or kind and appropriate for their role and function.  The inherent rights of Mother Earth and all beings of which she is composed are ³:

• the right to life and to exist;
• the right to be respected;
• the right to regenerate its bio-capacity and to continue its vital cycles and processes free from human disruptions;
• the right to maintain its identity and integrity as a distinct, self-regulating and interrelated being;
• the right to water as a source of life;
• the right to clean air;
• the right to integral health;
• the right to be free from contamination, pollution and toxic or radioactive waste;
• the right to not have its genetic structure modified or disrupted in a manner that threatens its integrity or vital and healthy functioning; and
• the right to full and prompt restoration for violation of the rights recognized in the Universal Declaration.

The Universal Declaration also sets out the obligations of humans to Mother Earth.  These include, among others, things like respecting and living in harmony with Mother Earth, and recognizing and promoting the full implementation and enforcement of the rights in the Universal Declaration.

The  Universal Declaration on the Rights of Rivers ⁴ which is another non-binding international document.  This document declares all rivers to be living entities which are entitled to fundamental rights.  These fundamental rights of all rivers include:  the right to flow, the right to perform essential functions within its ecosystems, the right to be free from pollution, the right to feed and be fed by sustainable aquifers, the right to native biodiversity, the right to regeneration and restoration, and the right to maintain lateral and longitudal connectivity ⁵. These rights are meant to ensure the health of rivers, as well as, watersheds and river basins.  The Universal Declaration on the Rights of Rivers states that all rivers possess legal standing and should be appointed legal guardians to ensure full implementation and enforcement of their rights.