Following the Spanish Parliament, the Spanish Senate approved a bill on 21 September 2022 that grants legal personality to the Mar Menor. This is the first time that the rights of nature have been recognised in Europe.
Since the 1970s, there has been consideration of the rights of nature. Pioneering was the publication of “Should trees have standing” by Christopher Stone.
The pursuit of rights of nature means that nature is granted legal personality, just as natural persons, companies, and governments have. Legal personality for nature concretely means that:
- a legal and/or administrative action can be taken in the name of nature;
- in determining legal liability, direct ecological damage is compensated; and
- nature is the beneficiary of legal redress.
On 21 September 2022, the Mar Menor, a lagoon located in Murcia, was granted legal personality. The Spanish Senate, following the Spanish Parliament, adopted the “Bill for the recognition of legal personality for the lagoon of Mar Menor and its basin.” A number of rights are granted to the habitats and ecosystems: (i) the right to exist and evolve naturally, (ii) the right to protection, (iii) the right to conservation, and (iv) the right to restoration.
The habitats and ecosystems are represented and managed by three bodies: the committee of representatives, the follow-up committee, and the scientific committee. Together, these three bodies form the guardianship over the habitats and ecosystems.
Any action that violates the rights of the habitats and ecosystems by a public authority, legal entity, or natural person leads to civil, criminal, or administrative liability and is prosecuted and sanctioned based on existing law.
Any regulation or action by the government that violates the provisions regarding legal personality is considered unwritten.
Any natural or legal person can bring a case to court to defend the rights of the habitat or ecosystem. The case is brought in the name of the habitat or ecosystem. An interest does not need to be proven. The case is brought to court in the name of the habitat or ecosystem. If the claim is wholly or partially granted, all costs (including lawyer's fees, expert costs, etc.) are reimbursed to the claimant. Ecological damage is compensated in cash or in kind to the habitat or ecosystem.
The government has a number of obligations at various policy levels regarding the habitats and ecosystems: including developing policies and actions to prevent human activities from affecting the habitats and ecosystems, conducting awareness-raising actions, carrying out studies on the condition of habitats and ecosystems, limiting or prohibiting activities that affect the habitats or ecosystems, and restricting the introduction of substances or organisms that may affect the biological heritage of the habitat or ecosystem.