The ruling is the first time Peru has recognized that ecosystems possess legal rights and is based on a constellation of legal precedents in international and Peruvian law.
The Marañón River, which flows from Peru’s Andes mountains into the Amazon river, has “intrinsic” value and possesses the rights to exist, flow, and be free from pollution, among other rights, a Peruvian trial court has just ruled.
The case, reports Inside Climate News, marks the first time Peru has legally recognized the so-called rights of nature, which is the idea that certain ecosystems, individual species or the Earth itself possess inherent rights to exist, regenerate and evolve. The court also ruled that Indigenous organizations and various government agencies are “guardians, defenders and representatives of the Marañón River and its tributaries,” meaning those entities have the authority to speak on behalf of the waterways in governmental decision making and in court.
Around the globe, it has long been common for entities like corporations, governments and universities to have legal personhood, meaning that they have certain rights and can, through human representatives, go to court to enforce them. Today, slowly but surely, ecosystems are starting to be afforded the same rights. In 2008, Ecuador adopted a new Constitution that recognizes the rights of nature, making it the first in the world to do so. This recognition means that natural ecosystems have the right to exist, thrive, and evolve. Additionally, the Constitution grants individuals and communities the right to defend these rights on behalf of nature.
“It is about protecting nature and the environment not only because of its connection with a utility for human beings or because of the effects that its degradation could cause on other people’s rights, such as health, life or personal integrity,” the court wrote. “But due to its importance for the other living organisms with which the planet is shared, also deserving of protection in themselves.”