FUNDAMENTOS FILOSÓFICOS DE LOS DERECHOS DE LA NATURALEZA: FILOSOFÍA ANDINA Y FILOSOFÍA DE LA LIBERACIÓN1

Abstract

This study delves into the philosophical foundations that support the assignment of rights to nature, focusing on the contributions of Andean philosophy and the philosophy of liberation. These philosophical perspectives promote an ecocentric conception that goes beyond traditional anthropocentrism, offering a vision in which nature is not only conceived as a resource, but as an entity with inherent value. This represents a paradigmatic change because it moves away from a purely utilitarian approach, but balances the relationship between nature and human beings. Through this approach, the prevailing development mentality based purely on utilitarianism and extractivism is criticized, pointing out its shortcomings and risks when sidelining the well-being of nature. In general, the study provides a brief review of the current legal framework, jurisprudential trends, and the main criticisms towards the recognition of rights to nature, while also offering a comprehensive review of the importance and challenges of considering nature as a rights-holder.