Proceedings of the 7th International Academic Conference on Research in Social Sciences
Year: 2023
DOI:
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Spanish Law 19/2022, Legal Personality of Mar Menos- The New Rights of Nature
Prof. Dr. María Dolores Cabello
ABSTRACT:
The new rights of nature we can find in the Spanish Law 19/2022, that`s recognized legal personality at Mar Menor Lagoon. This works in in a Research project “The genesis of new fundamental rights in Spain within the framework of global constitutionalism (IUSGÉNESIS)”, (PID2021-126875OB-I00) (ProyExcel_00457). In this topic we have that the era of anthropocentrism is being overcome by ecocentrism where a new relationship between humanity and Mother Earth of respect and balance is produced. It’s called Ecocentric turn (MARTÍNEZ DALMAU), new legal eco-system (BAGNI), or new rule of law for nature (VOIGT). So, we can speak of the Copernican turn when nature goes from being an object protected by law to a subject holder of rights. In The Preamble of the Spanish Law 19/2022, is stablished that, in a context “of an ecocentric interpretation of our legal system … the category of subject of law must be expanded to natural entities”. This law recognized some rights to the Lagoon: rights to exist and evolve naturally, to protection, to conservation and to restoration. Even, the law creates three Committees for the representation and governance of the Mar Menor lagoon: A Committee of representatives, a monitoring Commission (Guardians of the Lagoon) and a scientific committee. The law preview that “Any natural or legal person is entitled to defend the ecosystem of the Mar Menor, and can assert the rights and prohibitions of this law and the provisions that develop it through an action filed in the corresponding Court or Public Administration”.
keywords: Constitutional law, Ecocentrism, Legal personality of nature, New rights of nature, New rules of law