The Case for Non-Human Rights: A Legal Perspective
The conversation about rights has, since time immemorial, been dominated by the rights of human beings. This should come as no surprise, given that we are the ones who make the laws. However, in the light of the environmental crisis we are currently facing, it has become imperative to start considering the rights of the non-human world, a concept known as Earth Jurisprudence.
Earth Jurisprudence is a philosophy of law and human governance that is based on the fact that humans are only one part of a wider community of beings and that the welfare of each member of that community is dependent on the welfare of the Earth as a whole. It is a proposal for a paradigm shift in the way we view our relationship with the Earth, from a purely anthropocentric perspective to a more holistic, ecocentric perspective.
The first question that may arise is, why do non-human entities need rights? The answer is simple. It is because, in the current legal framework, the non-human world, which includes everything from rivers to forests to species of animals, is considered property. As property, they have no inherent rights and are therefore subject to exploitation at the hands of humans. This has led to widespread environmental degradation, loss of biodiversity, and climate change.
Granting legal rights to non-human entities is not a novel concept. Several countries around the world have already started recognizing the rights of nature. For instance, in 2017, the Whanganui River in New Zealand was granted the same legal rights as a human being. Similarly, in 2019, the High Court of Bangladesh declared that rivers are "legal persons," with the same rights, duties and liabilities of a living person.
However, the road to Earth Jurisprudence is not without its challenges. There are concerns about how to implement and enforce these rights. There are also concerns about the potential for conflicts between human rights and non-human rights. But these are challenges that can be overcome through dialogue, negotiation and a commitment to the well-being of the Earth.
Earth Jurisprudence is not just about granting legal rights to the non-human world. It is about recognizing that we are part of a larger community of beings, that we are intrinsically connected to the Earth, and that our survival depends on the health and well-being of the Earth. It is a call for a more compassionate, respectful, and sustainable way of living on this planet.