UDTR Global Rights of Nature Radar

Decolonizing Law and expanding Human Rights: Indigenous Conceptions and the Rights of Nature in Ecuador

Identification

Public canonical key

doi:10.18543/djhr-4-2019pp59-86

Authors

Juan José Guzmán

Reported year

2019

Reported language

en · und

Source type

article

First detected

2026-11-09T19:04:47.870874+00:00

Last metadata observation

2026-11-10T16:58:51.316456+00:00

Last HTTP verification

Not checked

Institutions reported by the source

European Inter-University Center for Human Rights and Democratisation · Global Campus of Human Rights

Reported affiliation countries

IT

Documentary abstract — original language

This article critically addresses the crucial aspects for understanding the rights of nature as a resistance platform for indigenous peoples in Ecuador. By basing my arguments in a post-colonial approach to human rights and the concept of coloniality of power, I argue that the lack of inclusion of indigenous knowledge in human rights is a manifestation of neocolonialism. Thus, the introduction of non-Western narratives into the human rights discourse/practice is an attempt to decolonize what has traditionally been a colonialist discourse. Later on, I develop the concept of ‘rights of nature’ arguing that they are a practical example of the inclusion of indigenous narratives in human rights. In the end, the biggest problem is that the dominant Western thought does not challenge the human-nature relationships that are responsible for nature’s degradation. In this regard, I use ethnographic material, post-colonial anthropological theory, and symbolic ecology to argue that Amazonian indigenous nature ontologies —which understand the nature/culture relationship in a very different way— are contained in the rights of nature that the Ecuadorian Constitution enshrines. Therefore, becoming a legal tool with a significant potential for indigenous people’s historical justice. Received: 01 September 2019 Accepted: 05 December 2019 Published online: 20 December 2019

Identifiers

OPENALEX

W2995327693

DOI

10.18543/djhr-4-2019pp59-86

ISSN

2530-4275 · 2603-6002

OPENAIRE

doi_dedup___::6b6643968048c06aeef02d5b21a4ab63

Documentary context

Documentary family

Scholarship

Source-reported types

Article · article

Jurisdictions studied — explicit sources

EC

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

Sources

DOAJ · Record 1 · Record 2

OpenAIRE · Record 1

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.18543/djhr-4-2019pp59-86
• Document · https://djhr.revistas.deusto.es/article/view/1702
• OpenAlex · https://openalex.org/W2995327693

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w1994799305 · CITES
• openalex:w2088316515 · CITES
• openalex:w2170133876 · CITES
• openalex:w2217936709 · CITES
• openalex:w2251578821 · CITES
• New Transitions from Human Rights to the Environment to the Rights of Nature · CITES
• openalex:w2487207070 · CITES
• openalex:w2914304299 · CITES
• openalex:w3170530583 · CITES
• openalex:w3193549685 · CITES
• openalex:w4242318349 · CITES
• New Transitions from Human Rights to the Environment to the Rights of Nature · CITES
• openalex:w4298158074 · CITES
• openalex:w4312630207 · CITES
• openalex:w598980380 · CITES

26 incoming references within the detected corpus

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.