In 2008 and 2009 respectively, Ecuador and Bolivia approved their new Constitutions and declared their State as intercultural and plurinational. It has been said this was the result of the active and egalitarian participation of indigenous people to the constituent processes. After centuries of colonization and discrimination, at the end indigenous people had been recognized by the State as legal subjects. In parallel, courts in different countries have been called to judge on environmental or climate lawsuits. Some of these legal cases have been decided in a very unprecedent way, with Courts recognizing legal personhood to Nature or natural elements such as river, lakes or forests. In Australia and New Zealand, this same result has been reached with a legislative process supported by indigenous people. Indigenous rights and people rights seem to be strictly interdependent. That said, can we really sustain that indigenous and Mother Earth claims can be successfully translated in the western legal language? As Western observers, are we sure that this is the right way to create an intercultural dialogue and to support the shift to an ecological cultural paradigm?

Bagni, S. (2025). Indigenous people and the global environmental movement. Can the language of “rights” really capture their claims?. London : Routledge [10.4324/9781003394280-8].

Indigenous people and the global environmental movement. Can the language of “rights” really capture their claims?

Silvia Bagni
2025

Abstract

In 2008 and 2009 respectively, Ecuador and Bolivia approved their new Constitutions and declared their State as intercultural and plurinational. It has been said this was the result of the active and egalitarian participation of indigenous people to the constituent processes. After centuries of colonization and discrimination, at the end indigenous people had been recognized by the State as legal subjects. In parallel, courts in different countries have been called to judge on environmental or climate lawsuits. Some of these legal cases have been decided in a very unprecedent way, with Courts recognizing legal personhood to Nature or natural elements such as river, lakes or forests. In Australia and New Zealand, this same result has been reached with a legislative process supported by indigenous people. Indigenous rights and people rights seem to be strictly interdependent. That said, can we really sustain that indigenous and Mother Earth claims can be successfully translated in the western legal language? As Western observers, are we sure that this is the right way to create an intercultural dialogue and to support the shift to an ecological cultural paradigm?
2025
Minority Rights and Social Change. Norms, Actors and Strategies
109
130
Bagni, S. (2025). Indigenous people and the global environmental movement. Can the language of “rights” really capture their claims?. London : Routledge [10.4324/9781003394280-8].
Bagni, Silvia
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/1011875
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