Abstract

SANCHEZ JARAMILLO, Johana Fernanda. COLOMBIA: NATURE AS SUBJECT OF RIGHTS. BETWEEN ACTIVISM AND CONTENTION. Novum Jus [online]. 2022, vol.16, n.3, pp.189-218.  Epub Mar 02, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.3.8.

This article analyzes three Colombian judicial decisions, based on various legal theorists and other experts. The goals are to know the role that judges play in the recognition of nature rights without having a constitutional neither legal framework to support its new legal status and answer the following question: ¿Which are the arguments to declare nature as subject of rights? The selected methodology is qualitative, descriptive, based on documental sources, rulings, laws, and doctrine to determine its impact. This work reflects about the criticism against these judicial decisions due to their lack of a strong juridical argumentation, its little effect on nature actual protection and the lack of enforcement of the judges' orders from the institutions, which should preserve regions, rivers, or parks as subjects of rights. If these judicial decisions pretend to protect the ecosystems, they should be theoretically well supported, clearly define the limits of the rights, and their orders should be enforced by the institutions involved.

Keywords : subjects of rights; nature; legal personhood; judges.

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