German Environmental Association proposes introducing nature’s own rights as a legal right
The movement to grant rights to nature or its components is not new. For example, the constitution of Ecuador has included rights of nature since 2008 – the first in the world to do so.
Despite a multitude of laws and projects, it has not yet been possible to stop the extinction of species and the destruction of habitats. There is no lack of knowledge about what needs to be done. Political goals are not taken seriously, existing regulations are not enforced. There is a lack of action and enforcement in nature conservation and environmental protection. The German Nature And Biodiversity Conservation Union (NABU), the oldest and largest environment association in Germany wants to change that!
The protection of nature needs a higher priority, also in our legal system. Eigene Rechte für unsere Natur!
NABU therefore wants to examine which amendments to the Basic Law could ensure that the protection of nature and the intrinsic value of animals and plants are granted an overriding public interest. A corresponding mandate was passed by NABU’s Federal Representative Assembly in Erfurt on 13 November 2022. The resolution states “Recognising the rights of nature is also part of a survival strategy for humans, who are currently endangering their own existence by overexploiting the biosphere and its wealth of species.”
The movement to grant rights to nature or its components is not new. For example, the constitution of Ecuador has included rights of nature since 2008 – the first in the world to do so.
Change is also on the horizon in Europe: In September, the Senate in Madrid, after approval by the Chamber of Deputies, decided by a large majority that the heavily polluted saltwater lagoon Mar Menor on the Spanish Mediterranean coast would be the first ecosystem in Europe to receive its own legal personality with enforceable rights. Here, every citizen – even if they are not affected themselves – can now appeal to the judiciary for a suspected violation of the lagoon’s rights.
As a result of a worldwide campaign by NABU’s umbrella organisation BirdLife International, the UN General Assembly also affirmed a human right to a clean, healthy and sustainably used environment in June 2022.
These and other examples from around the world provide tailwind for the cause of making nature a legal entity in its own right by amending the Basic Law.
The Federal Representative Assembly is NABU’s most important decision-making body. Volunteers in the regional associations elect delegates who meet here once a year. They elect the Executive Committee, decide on the budget and decide which issues and projects the Association will focus on.
