For centuries, the concept of ‘rights’ has been reserved for people. However, the 21st century is broadening that horizon, and nature is beginning to be recognised as a subject of rights. This change, which may seem symbolic, represents a true legal, ethical and political revolution. It means moving from protecting the environment ‘for utility’ to recognising its intrinsic value and capacity for existence.
The starting point is a pioneering case: Law 19/2022, which granted legal personality to the Mar Menor and its basin. This experience has opened up a broader debate: what does it mean to recognise the rights of an ecosystem? What changes in environmental management when the territory ceases to be an object and becomes a subject?
The Mar Menor precedent: when nature speaks for itself
Law 19/2022, passed by the Congress of Deputies in 2022, made the Mar Menor the first European ecosystem to be recognised as a subject of rights. This historic step was inspired by international models, such as the Whanganui River in New Zealand and the Atrato River in Colombia, where communities and lawyers had argued that ecosystems should have their own legal mechanisms of defence.
Under Spanish law, the Mar Menor has four fundamental rights:
1. Right to exist and evolve naturally
This implies respecting the ecological laws that sustain its balance. It is not just a question of ‘conserving’ the lagoon, but of allowing it to regenerate and evolve according to its natural dynamics, free from excessive human pressure.
2. Right to protection
This means stopping or not authorising activities that pose a risk to its integrity, such as dumping, construction or overexploitation.
3. Right to conservation
This requires active measures to preserve species, habitats and protected areas associated with the lagoon and its basin.
4. Right to restoration
This requires the repair of damage caused, restoring the ecosystem’s functionality and the natural services it provides to society.
To enforce these rights, the law created a system of institutional representation: a Committee of Representatives, a Monitoring Commission and a Scientific Committee. Together, they act as the ‘voice’ of the Mar Menor before the authorities and the courts.
With this structure, the lagoon ceases to be a mere natural space managed by sectoral policies and becomes a political and legal entity with its own legitimacy.
From protection to coexistence: towards a new legal culture
The recognition of rights for entities other than humans marks a radical shift in how we understand the relationship between society and nature. Until now, environmental legislation has focused on regulating the use of resources: how much can be extracted, dumped, occupied or transformed. But in the context of climate crisis and ecological collapse, this model has shown its limitations.
Recognising an ecosystem as a subject of rights means overcoming the instrumental view—nature as ‘property’ or ‘resource’—and placing it as part of the community of life, with dignity and a voice of its own.
This change has profound consequences:
• It introduces new ethical criteria into public decision-making.
• It reinforces the ecological responsibility of institutions and companies.
• It allows legal action to be taken on behalf of the ecosystem, even when there is no direct impact on people.
• It broadens the notion of justice to an ecological and collective level.
The concept of ‘more than human entities’ encompasses not only rivers and lakes, but also forests, mountains, soils, wetlands and key species that sustain life in a region. Each of these could, under certain conditions, be recognised as a subject of ecological law, especially those that are essential for climate adaptation.
This change is also supported by a deeper understanding of nature itself. Ecosystems are not simply aggregates of biological or geographical elements, but complex systems with emergent properties (such as self-regulation, resilience, or adaptability) that allow them to maintain their balance and sustain life. These properties arise from the interaction between their components and cannot be understood from the sum of their parts. Thus, these new rights not only expand the legal framework, but also reflect an evolution in the scientific and ethical understanding of the planet: recognising nature as a set of interdependent beings, endowed with responsiveness and intrinsic value.
Climate adaptation with rights
The inclusion of formal recognition of the rights of more-than-human entities in climate change adaptation policies could ensure a more just, durable and biophysically coherent adaptation. For example, granting rights to strategic ecosystems—such as wetlands, rivers or forests—would make it possible to:
• Establish automatic legal defence mechanisms against threats.
• Ensure ecological priority in planning processes.
• Encourage co-management between institutions and local communities.
• Promote an integrated territorial vision that transcends administrative divisions.
In this way, climate change adaptation would cease to be merely a technical policy and become a matter of ecological justice.
A growing global trend
The recognition of rights to nature is not an isolated anomaly. In recent years, this trend has spread throughout the world:
• Ecuador was the first country to enshrine the ‘rights of nature’ (Pachamama) in its Constitution (2008).
• Bolivia passed the Mother Earth Law (2010), recognising its intrinsic value.
• In Colombia, the Constitutional Court declared the Atrato River a subject of rights.
• In New Zealand, the Whanganui River and Mount Taranaki have legal personality and designated guardians.
• In India, the Ganges and Yamuna rivers were given similar status (although with subsequent legal disputes).
Towards a more than human democracy
Ultimately, exploring and recognising new rights for more than human entities is a way of democratising our relationship with ecosystems, which cease to be mere settings for human life and become actors with their own agency and vulnerability.
Recognising the complexity of ecosystems implies accepting their responsiveness and their role in the planet’s balance. From this perspective, more than human democracy is understood as a form of co-responsibility with everything that makes life possible.
Furthermore, incorporating this vision into climate and adaptation policies is a necessary step to ensure the integration of resilience and sustainability into the legal and institutional framework.
The Mar Menor has paved a very useful path for climate change adaptation to be as efficient as possible and form a central part of security and welfare policies.
P. Cotarelo and O. Mayoral