Open Access

Kathrin Nitschmann

• Already more than 50 years ago, against the backdrop of the "earth science" findings of the time, voices could be heard in the legal literature expressing concern about the planet's carrying capacity, calling for consistent political rethinking and action and explicitly questioning consumer behavior and the ongoing pursuit of economic growth. The realization that the limits of environmental resources must be respected, and that growth must be shaped effectively within this framework has therefore been omnipresent not only since the "Our Common Future" report by the "World Commission on Environment and Development", or "Brundtland Commission" for short, in 1987 (United Nations General Assembly, 1987). Nevertheless, the current planetary status quo shows that the era of environmentally friendly economic development has by no means been effectively ushered in since then; on the contrary, implementation deficits or a lack of effectiveness of environmental protection measures against the excessive use of ecological resources are to be deplored. The demand for an ecological transformation of society is one of the most urgent on the political agenda and continues then as now, albeit partly with new terminology, at the level of jurisprudence: Currently, it is discussions about intertemporal freedom rights, nature's own rights and the greening of law that dominate the picture. However, the demand for ecologically oriented protection of fundamental rights is not new: the idea of protecting nature from excessive human behavior - also with a view to the generations of tomorrow and their chances of realizing a life in freedom in the future - is reflected not least in the precautionary principle, which is internationally recognized as a legal principle. Its ecological potential will be briefly explored below, culminating in an overview of constitutional tendencies towards an ecologically oriented protection of fundamental rights from a German perspective. This overview at the same time serves as an introduction for selected legal, ethical and social aspects of case studies in Latin America done by students in the context of a Human Rights interdisciplinary seminar in Wintersemester 2023/2024.