The Rights of Nature in Latin American Legal Systems: Progress, Challenges, and Perspectives
- Julio César Orellana Presentación(corresponding author)
Open access
Publication Information
Output type
Original language
SpanishPages from-to (Number of pages)
Pages 1063-1086 (24 pages)Journal (Volume, Issue Number)
Revista Juridica Austral (Volume 6, Issue 2)Publication milestones
- Published - 20/12/2025
Publication status
ISSN
2684-0537Publication IDs
- Scopus: 105026636671
Abstract
This article examines how the rights of nature provide a path to rethink human–non-human relationships through an interspecies perspective. It argues that these rights aim to protect ecosystems and challenge modern law’s anthropocentric foundations by incorporating insights from legal pluralism and Latin American constitutionalism. Focusing on the legal experiences of Ecuador and Bolivia, the article analyzes how Indigenous normative systems—with relational and spiritual understandings of nature—have contributed to the legal recognition of Mother Earth’s rights. It also reflects on the challenges, such as the friction between state law and Indigenous law, and the risk of symbolic appropriation of nature’s rights. Ultimately, the article contends that recognizing the rights of nature is not merely a legal reform, but a paradigm shift in legal ontology and epistemology. It calls for recognizing nature as a legal subject and fostering intercultural dialogues to enable plural and ecological justice.
