Ireland may become the first European country to constitutionally recognize that ecosystems possess legal rights.

Ireland, a nation renowned for breathtaking landscapes, may become the first European country to enshrine the rights of its nature into the national constitution. In December, the Oireachtas Joint Committee on Environment and Climate Action called on the government to begin steps towards a referendum. The referendum, if successful, would recognize that ecosystems possess legal rights comparable to those of humans and corporations.

In December, the Joint Committee on Environment and Climate Action proposed a series of administrative measures for drafting constitutional amendments to the Irish government. The amendments would bestow nature with inherent rights to existence, perpetuation and restoration. Elements of nature would be seen as having the rights to flourish and be respected. The amendment would additionally recognize that humans have a right to a clean environment and protect the right of any person or organization to defend or enforce those rights on the behalf of nature.

The movement to legislate the rights of nature has grown in recent years. In Ireland, the proposition to amend the constitution emanated from the loss of biodiversity within the country as of 2023. The Citizens’ Assembly on Biodiversity Loss addressed the unprecedented rate at which human activity has driven the mass extinction of plants and animals, with over 1 million more at risk of the same. The danger to Ireland's native species has been attributed to the overall change in its climate.

Similar to Ireland, the ecosystems of other countries have equally felt the effects of climate change. In the Andean plain of Bolivia, reduced precipitation and increased temperatures have facilitated rapid desertification. In Uganda, the pace of species extinctions has accelerated as a result of prolonged periods of drought and erratic rainfall due to deforestation. These countries, among others including Ecuador, New Zealand, and Spain, have a form of national law to recognize the rights of nature, or legal personhood for ecosystems. These laws typically provide a higher level of protection to ecosystems than environmental protection laws alone, although not all are constitutionally bound. Some countries that have written the Rights of Nature include Ecuador, New Zealand, India and Mexico.

Policymakers around the world have begun to embrace a changing idea of how nature itself is treated under law. Several governments have legally bound the ‘rights of nature’ to protect certain land and water from human development. In Bangladesh, all rivers are now under legal protection. In Colombia, the Supreme Court recognized the rights of the Amazon River. Ecuador, the first country in the world to recognize the rights of nature, gives “Mother Earth” legal standing in its constitution. This jurisprudence has prompted a massive shift away from the view of nature as a ‘thing’ that humans have a right to use and eventually destroy. Dr Peter Doran of the School of Law at Queen's University Belfast argued to the Joint Committee in Ireland that granting constitutional protection to nature would not only save species and habitats but also reorient human priorities, which would have much more long term positive consequences.

Despite the good intentions behind giving nature constitutional rights, some have called the law ‘anti-human,’ claiming that it will stop extractive projects such as mining or that the rights for nature are unlikely to provide a plausible solution to the issues environmentalists aim to resolve. Proponents respond that the laws aim to protect the integrity of nature so that it may persist in the future, not abolish the rights that humans have to, among other things, private property.

The Center for Democratic and Environmental Rights appeared before Ireland’s Joint Committee to testify for why the rights of nature should be constitutionally recognized. This next step for Ireland is now in the hands of the government and the Oireachtas (parliament). For legal effect, the amendments must be approved by both houses of the Oireachtas, Dail Eireann and the Seanad, and win a majority of the popular vote in a national referendum.

TO GET INVOLVED:

The Nature Conservancy is an organization focused on creating solutions to climate change and biodiversity loss. By tackling these issues with projects involving clean energy policies, carbon storage and agricultural innovation, there is no shortage of opportunities for the public to help. The organization lists ways to get involved on their website that range from volunteering to taking a pledge to donating.

Global Alliance for Rights of Nature is a global network of organizations made up of people from all walks of life who are committed to the recognition of the Rights of Nature. The group aims to honor the relationship between humans and nature, additionally pursuing the creation of a system that treats nature as a rights-bearing entity, not a resource to be exploited at will. To better emphasize the interconnectedness of humans and their environment, the group offers the opportunity to get involved as a member, donate, or even participate in internships.

Community Environmental Legal Defense Fund aims to build sustainable communities that assist people in asserting their right to local self-governance and the rights of nature. The group assists indigenous peoples, civil societies and communities in advancing laws for the protection of nature that involves providing legislative and policy drafting, legal research, and public engagement and education. With this, the public is able to join the movement, which offers many opportunities to volunteer in a community or help to organize a campaign.

EarthJustice is a nonprofit public interest environmental law organization that is founded on the belief that everyone has the right to a healthy environment. Through projects focusing on defending a right to clean air, clean water and wild places, the group believes that a better future can be built. With 15 offices and 200 lawyers, as well as an impressive total of 500 legal cases it has represented free of charge, there is no shortage of opportunities for the public to participate, whether through signing petitions or donating.