Los derechos de la naturaleza y los pueblos indígenas: ¿Una convergencia aparente? The Rights of Nature and Indigenous Peoples: An Apparent Convergence?
Year: 2026
Type: article
Abstract: : The Rights of Nature and Indigenous Peoples: An Apparent Convergence? - Rights of Nature (RoN) frameworks are frequently presented as natural allies of indigenous peoples' rights. This article argues that the convergence is largely apparent. Drawing on comparative law, inter-American human rights jurisprudence (including Advisory Opinion OC-32/25) and critical indigenous studies, it identifies three structural tensions: RoN's legal personhood dissolves the indigenous ontological unity of territory and identity; State-appointed guardians undermine Free, Prior and Informed Consent; and guardian mechanisms displace indigenous peoples from their own territories. A comparative analysis, including European cases, confirms that RoN risks silencing pre-existing indigenous rights rather than reinforcing them. Keywords: Rights of Nature; Indigenous peoples' rights; Free, Prior and Informed Consent; Legal personhood; Cosmovision
Source: DPCE Online
Author: del Ángel Iglesias, María
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7215342048