A significant change in Spanish environmental law
In the summer of 2022, the Congress of Deputies made a decision that could have a significant impact on Spanish environmental law. With a large majority, the chamber approved the popular legislative initiative in defense of the Mar Menor, which grants legal personality to this reservoir located in the Region of Murcia. This means that the Mar Menor, as a natural area, has rights and can defend itself in court. This change is not only symbolic, but has important legal implications and may affect the outcome of many litigations related to the degradation of natural spaces.
An example that follows the experience of the State of Ecuador
This initiative follows the example of the State of Ecuador, which had already recognized the rights of nature through a constitutional reform in 2008. This reform affirmed that nature has rights as a legal entity, regardless of its usefulness to human beings. This ecocentric view of life is shared by many indigenous and native peoples, who consider that human needs should not prevail over those of nature.
The road to wider recognition
The case of the Mar Menor is significant because it has generated a broad political consensus and has been driven by a popular legislative initiative. This initiative has collected more than 640,000 signatures of support and has been approved by the Congress of Deputies. The defenders of this measure argue that granting legal personality to the Mar Menor will make it possible to defend its rights and put an end to the degradation it has suffered for decades.
The future of the rights of nature in Catalonia
This initiative can open the door to other recognitions of the rights of nature in Catalonia and the rest of Spain. For example, the recognition of rivers such as Gaià or Ter, mountain ranges such as Montsant or Montserrat, or mountains such as Pedraforca could be considered. However, it is necessary to take into account the powers and legislation in force to make these recognitions possible.
