The role of cultural pluralism in Indigenous peoples’ defense of nature’s rights
Ecuador, by incorporating the Rights of Nature into its constitution, has presented an innovative approach to environmental protection, recognizing nature as a subject with rights. This legal transformation emphasizes the intrinsic value of ecosystems and affirms the right of natural entities to exi...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2025-07-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/2228 |
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| _version_ | 1849254075943616512 |
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| author | Mohammadreza Jodyvash |
| author_facet | Mohammadreza Jodyvash |
| author_sort | Mohammadreza Jodyvash |
| collection | DOAJ |
| description | Ecuador, by incorporating the Rights of Nature into its constitution, has presented an innovative approach to environmental protection, recognizing nature as a subject with rights. This legal transformation emphasizes the intrinsic value of ecosystems and affirms the right of natural entities to exist, grow, and regenerate. Alongside this, the rights of Indigenous peoples, as guardians of biodiversity, have been strengthened, and their deep connection to ancestral lands is formally recognized. However, the implementation of this legal framework faces challenges, primarily stemming from the conflict between economic priorities and environmental protection. Deforestation in the Amazon, intensified by resource extraction and infrastructure development, poses a threat to global climate balance. Despite international and Indigenous efforts to counter this trend, ineffective law enforcement continues to hinder sustainable conservation. This article, through a dogmatic and analytical approach, concludes that improving this situation requires the development of legal mechanisms, increased participation of Indigenous communities, and a redefinition of economic growth with an emphasis on the long-term health of the planet. |
| format | Article |
| id | doaj-art-1fed73559a0a49cbbd5cfd039aed0413 |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2025-07-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-1fed73559a0a49cbbd5cfd039aed04132025-08-20T03:56:09ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712025-07-011541552158010.35295/osls.iisl.22283029The role of cultural pluralism in Indigenous peoples’ defense of nature’s rightsMohammadreza Jodyvash0Shiraz University, IranEcuador, by incorporating the Rights of Nature into its constitution, has presented an innovative approach to environmental protection, recognizing nature as a subject with rights. This legal transformation emphasizes the intrinsic value of ecosystems and affirms the right of natural entities to exist, grow, and regenerate. Alongside this, the rights of Indigenous peoples, as guardians of biodiversity, have been strengthened, and their deep connection to ancestral lands is formally recognized. However, the implementation of this legal framework faces challenges, primarily stemming from the conflict between economic priorities and environmental protection. Deforestation in the Amazon, intensified by resource extraction and infrastructure development, poses a threat to global climate balance. Despite international and Indigenous efforts to counter this trend, ineffective law enforcement continues to hinder sustainable conservation. This article, through a dogmatic and analytical approach, concludes that improving this situation requires the development of legal mechanisms, increased participation of Indigenous communities, and a redefinition of economic growth with an emphasis on the long-term health of the planet.https://opo.iisj.net/index.php/osls/article/view/2228cultural pluralismindigenous peoplesconstitution of ecuadorgranting legal personality to the amazonrights of nature |
| spellingShingle | Mohammadreza Jodyvash The role of cultural pluralism in Indigenous peoples’ defense of nature’s rights Oñati Socio-Legal Series cultural pluralism indigenous peoples constitution of ecuador granting legal personality to the amazon rights of nature |
| title | The role of cultural pluralism in Indigenous peoples’ defense of nature’s rights |
| title_full | The role of cultural pluralism in Indigenous peoples’ defense of nature’s rights |
| title_fullStr | The role of cultural pluralism in Indigenous peoples’ defense of nature’s rights |
| title_full_unstemmed | The role of cultural pluralism in Indigenous peoples’ defense of nature’s rights |
| title_short | The role of cultural pluralism in Indigenous peoples’ defense of nature’s rights |
| title_sort | role of cultural pluralism in indigenous peoples defense of nature s rights |
| topic | cultural pluralism indigenous peoples constitution of ecuador granting legal personality to the amazon rights of nature |
| url | https://opo.iisj.net/index.php/osls/article/view/2228 |
| work_keys_str_mv | AT mohammadrezajodyvash theroleofculturalpluralisminindigenouspeoplesdefenseofnaturesrights AT mohammadrezajodyvash roleofculturalpluralisminindigenouspeoplesdefenseofnaturesrights |