Rights of nature, andean neoconstitutionalism and ecopopulism.
On the constitutionalisation of Pacha Mama’s rights in the Republic of Ecuador
DOI:
https://doi.org/10.71206/rapc.1Keywords:
Populism, ecologism, Andean neoconstitucionalismo, Pacha Mama, Constitution of EcuadorAbstract
Article 71.1 (2008) Constitution of Ecuador states that “Nature or Pacha Mama” has rights. This paper criticizes such an entitlement. Despite the underlying good will inspiring the replacement of the anthropocentric legal paradigm by a biocentric one, it involves serious risks in legal and political terms. My main contemption is that such constitutionalisation is not a proportionate measure. First, it is not appropriate, because it might not protect the environment and it might even backfire (i.e., it can be an excuse for politicians and companies to keep on spoiling nature). Second, it is not necessary, for other alternative measures are available (e.g. considering the protection of the environment as a human or fundamental right). Third, it is not well balanced, for individual and political rights may be sacrificed in favour of ecopopulism and ecofascism. Finally, the religious aspect of Pacha Mama involves the illiberal imposition of religious beliefs and lifestyles on the whole population.
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