The Law of Human Rights (Spanish: Ley de Derechos de la Madre Tierra ) is a Bolivian law ( Act 071 of the Plurinational State), endorsed by the Bolivian Pluripational Legislative Assembly in December 2010. The 10 article draft comes from the first part of a longer bill drafted, drafted and released by the Unity Pact in November 2010.
The law defines Mother Earth as "the collective subject of public interest," and states both the Earth Mother and life-system (which incorporates human communities and ecosystems) as the inherent rights holders specified in the law. The short law states the creation of the DefensorÃÆ'a de la Madre Tierra partner for the ombudsman's human rights office known as DefensorÃÆ'a del Pueblo, but leaves the structuring and creation of future legislation.
The highly revised version of the longer bill is ratified as the Law of the Mother Earth Framework and Separate Development for Healthy Living (Spanish: single span La Ley Marco de la Madre Tierra y Desarrollo Integral of Vivir Bien ; Law 300) on October 15, 2012.
Video Law of the Rights of Mother Earth
Invest with rights
The law defines Mother Earth as "... a dynamic life system shaped by an indivisible community of all interconnected, interdependent, and complementary systems of life and beings that share the same fate, adding that" the Mother Earth is considered sacred in the worldview of indigenous peoples and nations.
In this approach human beings and their communities are regarded as part of the mother earth, being integrated in a "living system" defined as "... a complex and dynamic community of plants, animals, micro-organisms and other creatures in their environment, where human communities and other natural parts interact as functional units, under the influence of climatic, physiographic and geological factors, as well as productive practices and Bolivian cultural diversity of both sexes, and world views on Indigenous states and communities, intercultural communities and Afro-Bolivians. This definition can be seen as a more inclusive definition of the ecosystem because it explicitly encompasses the social, cultural and economic dimensions of human society.
The law also establishes the juridical character of Mother Earth as "the collective subject of the public interest", to ensure exercise and the protection of its rights. By giving Mother Earth a legal personality, she can, through her (human) representatives, take action to defend her rights. In addition, to say that the Mother Earth is a common good is a major change from an anthropocentric perspective to a community-based perspective of the Earth.
Maps Law of the Rights of Mother Earth
Content
The law cites seven specific rights in which the Earth and its living systems, including human communities, have the right:
- To live : The right to maintain the integrity of living systems and natural processes that sustain them, as well as the capacity and conditions for their renewal
- To Diversity of Life : This is the right to preserve the differentiation and diversity of the creatures that make up the Mother Earth, without being genetically modified, or artificially modified in its structure, in such a way as to threaten their existence, to function and potential future
- For water : This is the right of the preservation of the quality and composition of water to maintain the living system and their protection related to contamination, for the renewal of Motherland's life and all components
- To clear the air : This is the right to preserve the quality and composition of the air to maintain the life system and their protection related to contamination, for renewal of Earth's life and all its components
- For equilibrium : This is the right to maintain or restore interdependencies, interdependencies, the ability to complete and functionality of Mother Earth components, equally for the continuation of the cycle and update of its vital process
- For recovery : This is the right to an effective and profitable recovery of living systems that are affected by direct or indirect human activity
- To live free from contamination : This is the right to Mother Nature preservation and all its components are related to the toxic and radioactive waste generated by human activities.
Draft and legislative process
The Pact of Unity (which gathers the major indigenous and campesino organizations in Bolivia) drew up a lengthy version of the Act between the April 2010 World People's Conference on Climate Change and Mother Nature Rights and October 2010, when they completed the final version in joining efforts with commission of the Plurinational Legislative Assembly, Deputy Minister of the Bolivian Environment, and the constitutional development legal team of the Office of the Vice President. Then, a shortened version of the ten articles has been agreed with Senator Freddy Bersatti and Vice Galo Silvestre, to be ratified by the Legislative Assembly in December 2010. The short version rushes so that it will be presented by President Evo Morales at the United Nations 2010 Climate Change Conference.
The Legal Framework is expected to be considered by the Assembly in 2011, but it is not. In February 2012, Senator Eugenio Rojas, who heads the ruling party's delegation, described the law as the six priorities for the early part of 2012. It was adopted in October 2012.
Precedent
This law is regarded as an example of the first environmental law that gives legal personality to the natural system, and also allows citizens to prosecute individuals and groups as part of "Mother Earth" in response to actual violations and alleged integrity.
See also
- Animal rights
- The Earth Law Center
- The Mother Nature Framework and Separate Developments for Healthy Living (the successors of this law)
- Great ape personality
- Legal personality
- Pachamama
- Plant rights
- Nature Right
References
External links
- ECOTERRA Intl.
Further reading
- Text (in Spanish) from Ley (Corta) de Derechos de Madre Tierra , December 2010.
Source of the article : Wikipedia
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