Beyond the Human Rights-Based Approach: Rights of Nature and Ecological Integrity

Abstract

This last chapter is dedicated to alternative approaches to environmental human rights and their relation to Indigenous peoples, with a view to lay the foundation of future research around the connection between Rights of Nature (RoN) and Indigenous peoples cosmovision, spirituality and beliefs in a decolonial perspective. This chapter argues for the need of critically rethinking human rights-based approaches to climate change, by allowing a paradigmatic shift towards Earth Jurisprudence and RoN, however highlighting some important critical considerations and problematizations we should take into account when affirming that Rights of Nature are inextricably linked to Indigenous cosmovision, knowledge and beliefs. In addition, this chapter presents a review of global environmental litigation based on RoN, highlighting the most important feature of this particular case law. In its final part, the chapter suggests a new approach to environmental law and governance represented by the right of ecological integrity, a "way forward through a non-centredness theory".KeywordsRights of natureIndigenous cosmovisionEcological integrityEcological continuumNon-centredness theory