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In recent years, a paradigm shift in environmental ethics has given rise to a groundbreaking concept granting legal rights to nature itself. As the global community grapples with escalating environmental challenges, select nations have taken unprecedented steps to acknowledge nature as a subject with inherent rights, transcending the conventional view of the environment as mere property. This term paper dives into the evolving landscape of environmental jurisprudence by exploring the inclusion of nature's rights in the constitutional frameworks of Ecuador, Bolivia, New Zealand, Colombia and India. Through a comparative analysis of these distinct cases, we unravel the diverse approaches these countries have adopted to recognize and protect the rights of nature, examining the legal, cultural, and ecological implications of this transformative concept. From the constitutional enshrinement of Pachamama's rights in Ecuador to the legal personification of the Whanganui River in New Zealand, this paper sheds light on the global movement for the rights of nature and its potential impact on environmental conservation and societal harmony.
The following collection of manuscripts emerged from an interdisciplinary virtual exchange held during the Winter semester of 2023/2024 at the Environmental Campus Birkenfeld, organized by Prof. Dr. Milena Valeva and Prof. Dr. Kathrin Nitschmann. Additionally, Prof. Dr. Héctor Bombiella Medina, a lecturer of anthropology in the Department of World Languages and Cultures at Iowa State University, contributed to the virtual exchange and supervised case studies 3 and 4, bringing his extensive experience in this field and facilitating the international exchange. Within the elective module on Human Rights, students from the Bachelor's programs "Nonprofit and NGO Management" and "Environmental and Business Law," as well as the Master's program "Energy and Corporate Law," explored the interconnections between human rights and sustainability.
In an era marked by unprecedented environmental challenges and profound social transformations, the intersection of human rights and the rights of nature has emerged as a critical area of inquiry and debate. Today, as we face the dual crises of climate change and biodiversity loss, the traditional boundaries between human and environmental rights are increasingly blurred. This confluence demands a fresh, interdisciplinary approach to understanding and addressing the complex and interrelated issues at hand. Human rights, fundamental to the dignity and freedom of individuals, are deeply impacted by environmental degradation. Communities worldwide are experiencing firsthand the devastating effects of polluted air, contaminated water, and deforested landscapes, all of which undermine basic human rights to health, livelihood, and well-being. Conversely, recognizing the rights of nature — the intrinsic value of ecosystems and species — challenges us to reconsider our legal, ethical, and philosophical frameworks. It calls for a paradigm shift from a view to one that embraces the interconnectedness of all life forms. Engaging in robust discussions and research on these topics is essential in today's context. By exploring interdisciplinary perspectives, we can forge innovative solutions that honor both the rights of individuals and the integrity of nature. This special issue aims to contribute to this vital discourse, providing insights and fostering dialogue on how we can collectively navigate the complex landscape of human rights and environmental sustainability.
The first chapter „Human rights and SDGs in the context of democracy“ examines the significance of international human rights in today's context and links them to new value systems like sustainability. The second chapter, the case study „Rights of Nature“ explores the concept of granting legal rights to nature itself by comparing laws from various countries to show how it combats environmental exploitation. The third chapter, the case study „Traditional coca leaf consumption and drug trafficking in Colombia“ delves into the complex issues surrounding coca cultivation in Colombia, highlighting its economic, social, and political impacts. The fourth chapter, the case study „The artisanal fishing community of Chorrillos, Peru“ aims to provide theoretical insights and recommendations for improving the livelihoods of artisanal fishing communities in Peru, considering legal, ethical, and environmental perspectives as well as how economic liberalization, privatization, and deregulation affect the community's socio-economic conditions.
Content:
CHAPTER 1 - Conceptual: Human rights and SDGs in the context of democracy
Milena Valeva:
From Human Dignity and Human Rights to Sustainability within the context of Democracy
Yannick Sebastian Wagner:
The relationship between the SDGs, human rights, and Catholicism in the United States, on health-related issues
Christine Wetter:
Comparison of Human Rights and Sustainable Development Goals
Jacob Mayer:
The challenges and opportunities of liberal democracies in promoting international value systems
Pauline Nicolay:
Effective conflict resolution through ADRs: opportunities, challenges and applications in different contexts
CHAPTER 2 - Case Study: Rights of Nature
Kathrin Nitschmann:
Ecology and the protection of fundamental rights: status quo and development potential in the light of the precautionary principle"
Johannes Hagemann:
Decoding the Environmental Crisis: A Historical Analysis of Human-Nature Relationships
Sahar Mallak:
Rights for Nature in selected states
Nergiz Dogan:
Rights for Nature in Germany
CHAPTER 3 - Case Study: Traditional coca leaf consumption and drug trafficking in Colombia
Héctor Andrés Bombiella Medina:
Prologue
Cara-Maxine Heyd:
Affected Human Rights by the destruction of coca plantations
Maxi-Mercedes Jahn:
Glyphosat[e] use in line with the peace policy Colombia
Daniel Förster:
Coca Cultivation in Colombian Economy – Considering the 2007 US-Colombian Free Trade Agreement
CHAPTER 4 - Case Study: The artisanal fishing community of Chorrillos Peru
Dorothea Hensing:
Artisanal fisheries in circumstances with political framework and comanagement
Nina Giordano:
Traditional ecological knowledge – a key element of sustainable development
Yasmin Krami:
Strategy to promote the Human Right to an adequate standard of living for Peruvian artisanal fishers according to Article 25 of the Universal Declaration of Human Rights