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Defending nature : challenges and obstacles in defending the rights of nature ; case study of the Vilcabamba River
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ANÁLISIS Defending nature: Challenges and obstacles in defending the rights of nature Case Study of the Vilcabamba River Sofía Suárez A ugust 2013 In October 2008, Ecuador adopted a new Constitution, which recognizes that nature has rights. These rights are directly and immediately enforceable by and before any public authority, which means that any person or group can demand fulfillment of the rights of nature. Among the rights granted to nature are complete respect for its existence and maintenance and for the regeneration of its life cycles, restoration and the appli­cation of precautionary measures and restrictions by the state on activities that could lead to its destruction or permanent damage. In addition, it is forbidden to introduce organisms and organic and inorganic material that could perma­nently alter the genetic patrimony of the country. In this context, in light of the impact on the Vilcabamba River of the implemen­tation of the construction project to widen the Vilcabamba-Quinara highway, being carried out by the Provincial Government of Loja, two foreign citizens brought a lawsuit claiming a violation of the rights of nature, specifically the Vilcabamba River. This became the first case involving a claim that these consti­tutional rights were being violated. In analyzing the case, a number of challenges and obstacles emerge in the effec­tive exercise of the rights of nature. For example, the lack of a law that defines them, the limited knowledge among public authorities and citizens of the exis­tence of these rights, and the lack of judicial bodies that specialize in environ­mental issues, which can hear cases that arise regarding the rights of nature.