The synergies between human rights and the rights of nature: An ecological dimension from the Latin American climate litigation

Abstract

Latin America is highly vulnerable to climate change. From a justice-centred approach, its communities have been using human and constitutional rights as a strategy to combat environmental degradation and protect ecosystems in climate litigation. Thus, the paper analyses the ecological dimension of human rights arising from the Latin American climate litigation by selecting disputes that link human rights and the protection of a specific ecosystem, which enables catching both the right to a healthy environment and the rights of nature. As for the results, the national courts interpret human rights from the notion of a socio-ecological system, emphasising a rights-duties approach based on social justice. The territory becomes a non-static space, there is a long-term temporal scale of rights, and the lawsuits elaborate on the interests of future generations. The rights of nature acknowledge a more-than-human world and argue that nature's legal titularity complements human rights, and both agendas meet at the intersection with the safe climate system. Although climate change appears as a secondary concern, applicants use the climate crisis as a crosscutting element aimed at ecosystems’ protection and its impact on human rights. In conclusion, these disputes are ecological legal experiences that extensively redefine human rights law from the meeting between the system of rights and the cultural context of groups historically excluded from the spaces of power. Human rights receive a new axiological content reoriented from the realities of peripheral territories and previously invisible ecological backgrounds through the dynamic interaction with plural subjects that become drivers of transformations.