Rights-based approaches include Nature’s Rights
By Rachel Bustamante, Earth Law Center
Image source: www.escr-net.org/
Rights for Nature, or Rights of Mother Earth, is an innovative solution and a global and flourishing movement to recognize Nature as a living being and rights-bearing entity in law, policy, and governance. The recent OEWG-3 report indicates renewed support for Rights of Nature, including bracketed text recommendations to Targets 11 and 15 ([rights-based approaches and Mother Earth centered actions] and [the rights of Mother Earth] respectively).
The commonly accepted definition of a rights-based approach is fundamentally human-centered. While paramount, the distinction ought to be made that a human rights approach is among other global rights-based approaches, like Rights of Mother Earth. Naturally, Earth-centered actions view the well-being of all life as interdependent and promote the balance of all elements of the biosphere, thereby resulting in greater protection and fulfillment of human rights in tandem.
The OEWG-4 negotiations will tell if the global community will seize this opportunity for transformative change and a paradigm shift from “business as usual.” The inclusion of these recommendations would support diverse ontologies and help restore our relationship with Nature to balance, reciprocity, and holism -just as many Indigenous Peoples and Local Communities have known and practiced since time immemorial.
The GBF has the opportunity to align with and support this growing movement and awareness of the global community. For example:
Rights of Nature has been implemented and embraced (either constitutionally, through legislation or courts and at various levels of government) in over 35 countries to date.
UN resolution “The Future We Want” (A/RES/66/288) acknowledges “that some countries recognize the rights of nature in the context of the promotion of sustainable development.”
The CBD 2030 Mission recognizes the “intrinsic and existential importance of biodiversity.”
IUCN Resolution 100 of 2021: “Incorporation of the Rights of Nature as the organizational focal point in IUCN’s decision making.”
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