The Rights of Nature in the Ecuadorian Constitution

Ecuador’s 2008 Constitution sets a global precedent by recognizing nature as a subject of rights. This paper examines the legal framework, implementation through recent case law, international impact, and persistent challenges surrounding the rights of nature. The objective is to evaluate the effectiveness of this legal innovation, employing a qualitative methodology that includes doctrinal analysis, a review of court rulings from 2008 to 2025, comparison with regional and global models, and an examination of critiques. The results highlight key provisions such as Article 71 of the Ecuadorian Constitution and landmark cases such as the Los Cedros Protected Forest (2021), where ecological rights were prioritized over mining, along with recent developments. Internationally, Ecuador has inspired legislation in Bolivia, New Zealand, and Colombia, fostering global alliances such as the Global Alliance for the Rights of Nature, and has directly influenced Advisory Opinion OC-32/25 of the Inter-American Court of Human Rights (issued on May 29, 2025), which recognizes nature as a subject of rights and explicitly cites the Ecuadorian Constitution, as well as in the July 2025 Advisory Opinion of the International Court of Justice on state obligations regarding climate change, where Ecuador presented arguments based on its rights of nature, although they were not directly incorporated. The conclusions underscore that.