The Rights of Nature ideology takes the view that human beings need to stop treating nature as objects or property, and change their perception of nature (Boyd, “Elements”; Stone, “Trees,” at 453). Nature and human beings are connected, and life, for our generation and future ones, is only sustainable when the environment is protected. Human beings and plants, rivers, forests, and animals share the right to exist (Boyd, “Elements” at 221; Stone, “Trees,” at 453). When recognizing the Rights of Nature, the approach should involve placing limits on use in order to preserve the balance of the ecosystem (Boyd, “Elements”). For example, cutting down trees may be necessary to establish a home, however, destroying a forest or exterminating an animal species has a negative effect on humanity; we may not see these effects in our generation but future generations will (Boyd, “Elements” at 214).

Several countries around the world have recognized nature as a rights holder and granted nature legal standing. “Standing” is defined as the legal permission to appear as an applicant in court (Boyd, “Elements” at 238; Hogg, Constitutional at 36.2; Stone, “Trees” at 453; Mary Warnock, “Should Trees Have Standing?” (2012) 3 J. Hum. Rts. & Env't. 56 at 57 (HeinOnline) [Warnock, “Standing”]). Trees, rivers, mountains, and other elements of the environment are not able to appear in court and they would not be granted standing themselves because they are not able to speak to their own case. However, this fact should not stand in the way of granting them standing because children and mentally incompetent people in the judicial system are allowed to have a guardian/advocate appointed to speak on their behalves (Boyd, “Elements” at 239-40; Hogg, Constitutional at 36.2; Stone, “Trees” at 453; Warnock, “Standing”).

The United Nations General Assembly has talked about the Rights of Nature, referencing a proposed Universal Declaration on the Rights of Mother Earth, (Law on the Rights of Mother Earth, Law No. 71 of December 2010 [Universal Declaration of Rights of Mother Earth, 2010] (Boyd, “Elements” at 226). There has also been recognition of human rights and the protection of nature through the International Court of Justice (Colón-Ríosa, “Constituent Power” at 147). For example, in Hungary v Slovakia, [1997] ICJ Rep 88 at 91, in a Separate Opinion, the Vice-President stated, “the protection of the environment is likewise a vital part of contemporary human rights doctrine, for it is a sine qua non for numerous human rights such as the right to health and the right to life itself” and that “damage to the environment can impair and undermine all the human rights spoken of in the Universal Declaration and other human rights instruments.” (Colón-Ríosa, “Constituent Power” at 147).

The constitutionalization of the Rights of Nature ensures that humans can live in a healthy and clean environment, have a right to the enjoyment of life, and recognize the rights of our environment, as well as, grant nature its own rights, similar to the Indigenous perspective. Many countries around the world, including Switzerland, Portugal, France, Columbia and Brazil, have specified a set of obligations to the government regarding nature and its protection (Boyd, “Elements” at 227). For example, The Constitution of the Portuguese Republic (7th Revision April 25, 1976 (translation) sets out the government’s duties:

Art. 66(2) states: In order to ensure enjoyment of the right to the environment within an overall framework of sustainable development, acting via appropriate bodies and with the involvement and participation of citizens, the state shall be charged with:

a)      Preventing and controlling pollution and its effects and the harmful forms of erosion;

b)      Conducting and promoting town and country planning with a view to a correct location of activities, balanced social and economic development and the enhancement of the landscape;

c)      Creating and developing natural and recreational reserves and parks and classifying and protecting landscapes and places, in such a way as to guarantee the conservation of nature and the preservation of cultural values and assets that are of historic or artistic interest;

d)      Promoting the rational use of natural resources, while safeguarding their ability to renew themselves and maintain ecological stability, with respect for the principle of inter-generational solidarity;

e)      Acting in cooperation with local authorities, promoting the environmental quality of rural settlements and urban life, particularly on the architectural level and as regards the protection of historic zones;

f)       Promoting the integration of environmental objectives into the various policies of a sectoral nature;

g)      Promoting environmental education and respect for environmental values;

h)      Ensuring that tax policy renders development compatible with the protection of the environment and the quality of life.

Nature's rights and values is reiterated in international laws in many countries (Boyd, Rights of Nature at 99). Most of the world’s legal systems treat animals, nature, and ecosystems as property; however, this approach needs to change in order to sustain life and the environment. Many countries have made huge efforts to change perspectives between nature and humans; nature has been granted rights and legal protections in the Constitutions of Ecuador, Bolivia, New Zealand, and India.