THE PERSONHOOD OF RIVERS IN ECUADOR. USING THE CASE ANALYSIS METHOD
THE PERSONHOOD OF RIVERS IN ECUADOR. USING THE CASE ANALYSIS METHOD

Summary/Abstract: This paper studies the legal recognition of rivers as subjects of rights in Ecuador through a case study methodology, focusing on two landmark rulings by the Constitutional Court involving the Aquepi and Monjas Rivers. This study highlights the importance of demonstrating how Ecuador’s constitutional framework has evolved from symbolic recognition of the rights of nature to concrete judicial enforcement. Using a qualitative legal analysis, the article explores how ecological flow and the interdependence of environmental and human rights serve as the basis for the legal personhood of the rivers. The Aquepi case led to the creation of a water protection area, while the Monjas case prompted a combination of gray infrastructure and nature-based regulatory measures. These cases underscore that Ecuador’s ecocentric constitutional model is pioneering, and the recognition of nature’s rights is often contingent upon their connection to human rights. Ultimately, the study concludes that enforceability remains the greatest challenge for the sustainability of such rulings.

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