Year: 2026
Type: article
Abstract: The Ecuadorian Constitution of 2008 recognized nature as a subject of rights for the first time in the world, which introduced a new way of understanding the relationship between human beings and the natural environment, although in practice questions remain regarding its effective application. The objective of this research was to analyze the legal tools existing in the Ecuadorian legal system to guarantee the rights of nature. The study was developed using a qualitative descriptive approach, supported by fieldwork and documentary review, through semi structured interviews conducted with thirty five actors from the environmental legal field, including judges, lawyers, public officials and research professors, together with the analysis of constitutional norms, environmental legislation and relevant judicial decisions. The results showed that jurisdictional guarantees, especially the protection action and precautionary measures, are the most frequently used tools for the defense of nature, while other mechanisms show limited use. The analysis allowed the interpretation that these tools face difficulties related to normative dispersion, insufficient training and institutional coordination. It is concluded that Ecuador has a favorable legal framework, but requires strengthening its practical application to achieve effective protection of nature.
Institution: Universidad Nacional de Chimborazo
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7128545547