By John Hilke
The Declaration of Independence talks of inalienable rights – inherent rights to life, liberty, and the pursuit of happiness. Some might take these as natural rights or “God given” rights. Another wording might be the right to vital participation in the context of reality.
We are all familiar with human rights as a term defining natural rights for humans. The term “rights of nature” might be less familiar, but it has similar roots. Wikipedia identifies rights of nature as a legal and jurisprudential perspective that describes inherent rights associated with things like ecosystems and species, similar to the concept of human rights.
Proponents argue that laws grounded in rights of nature direct humanity to act appropriately and in a way consistent with modern, system-based science, which recognizes that humans and the natural world are fundamentally interconnected. Proponents of rights of nature argue that, just as human rights have been recognized increasingly in law, so should the rights of other natural systems be recognized and incorporated into human ethics and laws.
This claim is underpinned by two lines of reasoning: 1) the ethics that justify human rights, also justify nature’s rights, and, 2) the survival of humans depends on the health of systems of which we are a part.
Thomas Barry, and many others, have contributed to the understanding and acceptance of the rights of nature, a concept that has critical resonance with the cultural, religious, and ethical precepts of indigenous peoples globally.
Rights of Nature laws increasingly are being adopted in various jurisdictions, some by treaty with indigenous nations and some independently. Wikipedia puts the count of such jurisdiction to date (2021) at 17 nations (including Canada), plus dozens of U.S. cities and First American Indian Nations.
As a result, a record of associated judicial ruling under these laws is developing in which natural ecosystems are given standing by the court and can be legally represented in disputes with individual or corporate entities.
John Hilke for WUUC’s Advocates for Social Justice Climate Justice Ministry, John Hartman, Chair. Many thanks to Chuck Fowler for reviewing an earlier version.