Derechos de la naturaleza: un cambio de paradigma filosófico hacia la coexistencia pacífica
Year: 2024
Type: article
Study design: Systematic Review
Abstract: The rights of nature constitute one of the most significant legal and philosophical innovations of the 21st century, representing a deep epistemological rupture with the anthropocentric paradigm that has dominated modern Western thought. This review article analyzes the philosophical foundations, the legal-constitutional development, and the ethical implications of recognizing nature as a rights-holder, with emphasis on Latin American experiences, particularly the cases of Ecuador, Bolivia, and Colombia. Through a systematic review of specialized literature produced between 2000 and 2024, the main theoretical frameworks underpinning this biocentric turn are examined: deep ecology, Buen Vivir or Sumak Kawsay, environmental ethics, and the new Latin American constitutionalism. Results show that recognizing nature's rights not only transforms the legal system but proposes a relational ontology that challenges the subject-object dichotomy inherent in Western modernity. It is concluded that this paradigm offers solid foundations for peaceful coexistence between human beings and ecosystems, though it faces significant structural tensions in its effective implementation.
DOI: 10.64325/etyh3k78
Institution: Universidad Técnica de Manabí
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7147628145