Before the UN, a proposal that Bolivia has already enacted, a new frontier of rights legislation:
Bolivia will this month table a draft United Nations treaty giving “Mother Earth” the same rights as humans — having just passed a domestic law that does the same for bugs, trees and all other natural things in the South American country.
The bid aims to have the UN recognize the Earth as a living entity that humans have sought to “dominate and exploit” — to the point that the “well-being and existence of many beings” is now threatened.
The wording may yet evolve, but the general structure is meant to mirror Bolivia’s Law of the Rights of Mother Earth, which Bolivian President Evo Morales enacted in January.
That document speaks of the country’s natural resources as “blessings,” and grants the Earth a series of specific rights that include rights to life, water and clean air; the right to repair livelihoods affected by human activities; and the right to be free from pollution.It also establishes a Ministry of Mother Earth, and provides the planet with an ombudsman whose job is to hear nature’s complaints as voiced by activist and other groups, including the state.
“If you want to have balance, and you think that the only (entities) who have rights are humans or companies, then how can you reach balance?” Pablo Salon, Bolivia’s ambassador to the UN, told Postmedia News. “But if you recognize that nature too has rights, and (if you provide) legal forms to protect and preserve those rights, then you can achieve balance.”
How would one determine the inalienable rights of an insect? Or of a plant? Or of “Mother Earth”? What would be the basis of those rights? If this might some day be enacted, what do you think it could lead to?