 The nexus between “Human rights” and the “rights of nature” Debates, tensions and complementaritiesJérémie Gilbert Working Paper from Agence française de développement Abstract: In recent decades, initiatives to recognize rights for nature have multiplied, giving rise to a global movement. There are numerous opportunities for synergies between this movement and human rights, as both are rooted in the same philosophical, ethical, and moral framework that recognizes rights based on the inherent and intrinsic values of living entities—both human and non-human.In this context, this research examines the connections between three key legal frameworks: conventional human rights, the right to a healthy environment, and the rights of nature. Its objective is to analyze the interdependence of these categories of rights and explore how development actors can integrate these issues from an ecocentric perspective.This reflection is not merely theoretical—on the contrary. Human rights jurisprudence increasingly incorporates the rights of nature as part of the right to a healthy environment. This right highlights the link between human well-being and the rest of the natural world, emphasizing the intrinsic reciprocity among all these elements. The complementarity of human rights and the rights of nature is also reflected in the efforts of Indigenous environmental and human rights defenders, who connect cultural rights with a relational approach to nature. This approach fosters the emergence of a legal perspective that considers the natural world as an interconnected system, composed of diverse life forms in dynamic relationships with one another, encompassing the biosphere as a whole—both human and non-human.A more relational approach to nature plays an important role in emerging jurisprudence from international and regional courts regarding Indigenous peoples' rights. It highlights the need to move beyond human/nature dichotomies in order to rethink human relationships with non-human entities and revise humanity’s connection to life by incorporating Indigenous perspectives.In this regard, the ambition of this research is to analyze how these links between different legal frameworks can contribute to a new model of truly sustainable development for all living beings. However, this study also examines potential conflicts between human rights and the rights of nature, recognizing that environmental protection measures may restrict individual freedoms and limit the enjoyment of human rights. The principle of proportionality—often central to human rights decisions—could serve as a mechanism to manage such conflicts. This principle places human interests and nature’s interests on an equal footing, rather than imposing a hierarchy between these sometimes-divergent priorities.Finally, this research explores how the complementarity between human rights and the rights of nature can lead to a less anthropocentric approach to the right to development, as well as to international criminal law. Drawing from the significant jurisprudence of several Latin American countries that have already integrated the rights of nature alongside human rights within their legal systems, this study demonstrates how an approach that recognizes and respects both human rights and the rights of nature is essential to building a just, sustainable, and balanced society. Such a society would value and preserve the dignity and interdependence of all forms of life, breaking away from a predominantly anthropocentric and economic conception of nature. JEL-codes: Q (search for similar items in EconPapers) Published in Research Papers Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:avg:wpaper:en17491 Access Statistics for this paper More papers in Working Paper from Agence française de développement Contact information at EDIRC. |
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