UDTR Global Rights of Nature Radar

Can Sri Lanka’s judiciary protect trees as legal entities? Futurama of legal rights for trees

Identification

Public canonical key

doi:10.65646/3rc20dms3l0965

Authors

S.L. Silva · M. O. Ravindi · K. T. S. De Silva

Reported year

2025

Reported language

en

Source type

conference-abstract

First detected

2026-11-09T19:04:47.917609+00:00

Last metadata observation

2026-11-09T19:13:45.345761+00:00

Last HTTP verification

Not checked

Institutions reported by the source

General Sir John Kotelawala Defence University · Open University of Sri Lanka

Reported affiliation countries

LK

Documentary abstract — original language

The concept of granting legal personhood to non-human entities, such as trees, challenges the traditional legal framework and raises critical questions about the intersection of law, ecology and ethics. In this research explores the feasibility of recognizing trees as legal entities within Sri Lankan judicial system focusing on specific categories of trees i.e. religious trees, trees of antiquity, heritage trees, protected species, public trees, and ecologically important trees rather than advocating for universal tree rights. This research critiques the current Constitutional legal provisions on environment in Sri Lanka that are restricted to directive principles of state policy and fundamental duties which are unenforceable. Further, other statutory laws such as the Forest Ordinance (1907), the Flora and Fauna Protection Ordinance (1937), and the National Environmental Act (1980) which while offering some protection, fall short of conferring enforceable rights to trees. Drawing on global precedents, including Ecuador’s constitutional recognition of nature’s rights and Bolivia’s Rights of Mother Earth, the research argues for constitutional amendments in Sri Lanka to grant legal standing to trees. Such reforms would prioritize conservation while balancing human needs, ensuring trees are protected as stakeholders in environmental governance. This research employs qualitative, normative, and applied methodologies, to interpret tree rights as an innovative legal concept. It examines existing standards and explores their practical implementation within Sri Lanka's constitutional framework. Further, data analysis relies on qualitative and content analysis, supported by primary and secondary sources to ensure validity, reliability, and credibility in assessing domestic and international environmental protections. This research also addresses practical concerns, such as legal representation for trees, by proposing mechanisms like public interest litigation, akin to guardianship for minors or incapacitated persons. By advocating for a shift from anthropocentric to ecocentric legal principles, this research underscores the cultural, ecological, and economic necessities for tree rights. It positions Sri Lanka as a potential leader in environmental jurisprudence, demonstrating how constitutional recognition of tree rights could set a global precedent for sustainable and just ecological stewardship. The findings highlight the urgency of reimagining legal frameworks to safeguard biodiversity and ensure the survival of vital natural entities for current and future generations

Identifiers

OPENALEX

W7160663786

DOI

10.65646/3rc20dms3l0965

OPENAIRE

doi_________::f3ee02341c23b1907b470e9a356c00a9

Documentary context

Documentary family

Conference paper / proceedings

Source-reported types

Article · conference-abstract

Jurisdictions studied — explicit sources

BO · EC · LK

Natural entities mentioned

Forest · Species · Mother Earth

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAIRE · Record 1

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.65646/3rc20dms3l0965
• OpenAlex · https://openalex.org/W7160663786

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.