Desarrollo de los derechos de la naturaleza, como sujeto de derechos en la jurisprudencia constitucional ecuatoriana

Abstract

Abstract: The aim of this paper is to present readers with an interesting analysis of the binding jurisprudence developed by the Ecuadorian Constitutional Court regarding the rights of nature as a subject of law. To this end, several rulings related to different components of nature, such as mangroves, rivers, forests, wild animals, etc., have been analyzed, highlighting the impact of the jurisprudence of the Inter-American human rights system mentioned in each of the rulings. The activism of the Constitutional Court has positioned Ecuador as a benchmark country in terms of the recognition of the rights of nature. Despite this, the three elements of these rights (existence, protection, and restoration) continue to be violated (Gudynas, 2011). It is therefore necessary for human beings to apply the provisions of Article 71 of the Constitution, that is, to fully respect the existence of nature and thereby protect the survival of all beings that comprise it.