Nature as a subject of rights from the perspective of the Ecuadorian Constitutional Court (2018-2022)

Abstract

The objective of the research was to study nature as a subject of rights under the approach of the Constitutional Court of Ecuador, between 2018 and 2022. The methodology used was of bibliographic documentary type, with application of the analytical method to accurately understand each of the configurative elements of the object of research. In Ecuador, in accordance with the provisions of the current Constitution and jurisprudential criteria, the right to full respect for the existence of nature is recognized, as well as the right to its restoration. The rights of nature are considered a priority and of immediate application, therefore, they are fully justiciable, so that any person, community, people or nationality may demand from the public authority the fulfillment of such rights. It is concluded that the quality of nature as a subject of rights has both a substantive and an adjective dimension, the latter represented by the possibility of demanding protection before judicial bodies. One of the actions that can be attempted to protect nature, without being exclusive or exclusive, is the action for protection, however, it is up to the judge to analyze each case and examine the allegations in detail.