Spree under protection: Environmentalists demand rights for rivers!

Spree under protection: Environmentalists demand rights for rivers!

In Germany there are more and more voices calling for legal recognition of the Spree. Environmentalists are demanding that the Spree be given its own legal personality. This movement is part of a global initiative to establish rights for nature that is already underway in countries such as Ecuador, New Zealand and India. In Article 71 of its constitution, Ecuador guarantees “nature or Pacha Mama” its own rights and thus recognizes the deep-rooted connection between humans and nature, which is also represented by indigenous cultures, as ZDF Today reports.

The condition of many rivers in Germany, including around 15,000 small and medium-sized bodies of water, is often worrying. Environmentalists are committed to ensuring that by granting rights to nature, preventive protection measures can also be taken for our ecosystems. Professor Christian Calliess emphasizes that existing environmental law in Germany is comprehensive, but Christine Ax from the “Rights of Nature” network criticizes that the existing laws often only take effect after nature has been destroyed, which has catastrophic consequences for the environment.

Rights of nature in focus

A concept that is increasingly coming to the fore is the legal recognition of nature as a legal subject. This would be a significant step in the right direction and could ensure that nature is no longer viewed solely as an object of environmental protection. Currently, nature in Germany cannot derive any subjective rights or legally enforce them, which makes the calls for a constitutional change to recognize these rights all the more urgent. In this context, the ability to integrate nature conservation into social and economic infrastructures is considered essential in order to be able to address the current ecological crisis, which is exacerbated by climate change and species extinction, according to bpb.

A new approach being considered in this discussion is an “ecological basic law” that has already been drawn up by the “Rights of Nature” network and could include granting the Spree its own rights. This is happening as part of a pilot project that is intended to improve the oxygen supply to the Spree. In addition, a draft law for the legal recognition of the Spree will be introduced into the Bundestag in order to give it a voice.

A look beyond the borders

The international movement for the rights of nature has already achieved some successes. For example, in New Zealand the Whanganui River has been recognized as a legal entity. This heralds a new era in conservation where humans no longer rule over nature but enter into partnership with it. The proposal for legal recognition of nature as a legal subject is no coincidence and is reflected in the current discussion about a new ecological liberalism. The contribution by Andreas Gutmann in the book “Can the Anthropocene succeed?” addresses these independent legal approaches and their significance for our future in the Anthropocene, as De Gruyter notes.

In summary, the various initiatives and demands show that a rethinking of the perception of nature as a legal actor is urgently needed in order to bring about real change. The protection of nature requires not only the adaptation of existing laws, but also a fundamental realignment of our understanding of law that recognizes and promotes the rights of nature. This is the only way we can successfully overcome the challenges of our time and leave an intact environment for future generations.