Читать книгу Reconocimiento de la naturaleza y de sus componentes como sujetos de derechos - Javier Alfredo Molina Roa - Страница 33

The recognition of the legal personhood and rights of nature in the legal systems and frameworks of different national jurisdictions has produced an unprecedented advance in environmental and human rights. This advance presents a new opportunity to protect natural resources and the humans connected to them. Nevertheless, these cases of recognition face two key challenges. The first is that they introduce an “ecocentric” approach the hegemonic legal frameworks that remain “anthropocentric” in orientation. In this regard, the recognition of the rights and personhood of nature has a “human side”, seeking the protection of human rights in order to obtain the recognition of personhood or ecocentric rights. The second conflict is that legal mechanisms that protect the rights of nature incorporate a new legal “language” that is not recognised in the regulations or laws of the same or superior legal hierarchical order/level, leaving the rights of nature vulnerable to isolation or challenge by other interests. This chapter provides a study of the jurisprudence on legal personhood and rights of nature in New Zealand, Australia, Colombia, Mexico and the United States. It argues that the rights of nature explore the human side of legal systems because they depend on the rights and legal tools enshrined in constitutional law, human rights and the rights of indigenous peoples, to make their entry into the legal world.