The rights of nature

Natalia Poveda Fonseca

Universidad Sergio Arboleda

José Orcasitas Marulanda

Universidad Sergio Arboleda

Andrea Rodríguez Fernández

Universidad Sergio Arboleda

The following research focuses on nature as a subject of special protection in Colombia. The objective is to determine the importance of the environment in the existence and subsistence of human beings, in addition to distinguishing the main problems faced by Colombia in environmental matters. Likewise, through the application of comparative law, other Constitutions that protect the environment and consider nature as a subject of rights are analyzed.

However, among the most debated issues during the post-pandemic period is the approval by the national government of projects such as the allocation of pilot tests for fracking and the issuance of environmental licenses for mining exploitation. The aim is to analyze the scope of these governmental decisions from a constitutional and human rights perspective, as well as to contrast the supposed economic benefits that this practice generates for the country, especially as a "strategy" of the Government to solve the economic crisis resulting from the covid-19 pandemic and the transgression of constitutional principles such as precaution, prevention, progressivity and non-regressivity, and risk prevention.

Keywords: contamination, Political Constitution, fracking, water sources, mining, biodiversity
Published
2022-07-18
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https://plu.mx/plum/a/?doi=10.16925/2357-5891.2022.02.04