Treating natural objects as individuals

Just a few years ago, the clean, shallow waters of Mar Menor, Europe’s largest saltwater lagoon located along the eastern coast of Spain, were home to an abundant population of the endangered fan mussel, a bivalve mollusk measuring up to a meter in length. However, in 2016, a massive algal bloom caused by chemical fertilizers washed off agricultural fields depleted oxygen levels, killing 98% of the lagoon’s fan mussels, along with seahorses, crabs, and other marine life.

During each storm, millions of dead fish washed ashore. In 2021, local residents, many dependent on tourism attracted by the lagoon, reached their breaking point. Led by a philosophy professor from a local university, activists launched a petition demanding a radical new legal strategy: granting personhood rights to the 135-square-kilometer lagoon. Nearly 640,000 Spanish citizens signed it, and on September 21, Spain’s Senate approved a bill establishing new rights for the lagoon.

The new law does not fully equate the lagoon and its watershed to a human. However, the ecosystem is now granted personhood rights and legally entitled to existence, natural development, and restoration. Like a person, it also has legal guardians, including a scientific committee, which gives its defenders a new voice.

“I am very excited,” said Ignacio Bachmann-Fuentes, senior lecturer in constitutional law at Pablo de Olavide University. “This new law contains very innovative and legally powerful elements.”

The lagoon is the first ecosystem in Europe to receive personhood rights, but over the past decade, this conservation approach has gained traction worldwide. For instance, following a ruling by Bangladesh’s Supreme Court, all rivers in the country were granted personhood status.

In 2017, India’s Uttarakhand High Court recognized the sacred rivers Ganges and Yamuna as legal entities. This Indian court decision came just five days after New Zealand’s parliament enacted legislation recognizing the Whanganui River, sacred to the Māori people, as a living entity.

New Zealand’s Parliament granted legal personhood rights to the Whanganui River through separate legislation. Just like a person, the river and its watershed can sue or be sued, enter into contracts, and own property. The goal here was not merely pollution prevention, but integrating the Māori worldview on the connection between people and nature into Western legislation. “The river, the land, and its people are indivisible,” wrote Niko Tangaroa, an elder of the Māori Whanganui iwi tribe and prominent river advocate, in 1994.

According to Julia Talbot-Jones, an expert in environmental and natural resource issues at Victoria University of Wellington (VUW), this step provides clear environmental benefits by encouraging a shift in water resource management in New Zealand, emphasizing the well-being of rivers rather than human needs. Granting personhood rights to the Whanganui River has become “an integral stepping stone in this ongoing transition,” she said.

In Mar Menor lagoon, where environmental problems sparked a shift toward recognizing nature as a person, strict laws already protect various animal and fish species, their habitats, and water quality. For instance, individuals and institutions are prohibited from collecting or harming fan mussels or polluting rivers and lakes flowing into the lagoon. Yet, “unfortunately, these laws in Spain are not properly enforced,” said Francisca Giménez-Casalduero, a marine ecologist at the University of Alicante. “I am still disappointed and saddened by the state of the lagoon,” she added.

Spain’s Ministry of Environment recently stepped up protection efforts for the lagoon, allocating nearly 500 million euros to combat pollution in Mar Menor over the next five years. During the summer of 2022, workers removed large masses of algae from the lagoon to prevent oxygen depletion. Further upstream, government agencies are dismantling illegal irrigation canals to prevent fertilizers from reaching the lagoon. Environmental advocates hope the new legal framework will bolster these efforts.

Now, any citizen can file a lawsuit to protect Mar Menor from excessive fertilizer use, for example. Legal guardians, including government representatives and citizens appointed for multi-year terms, can propose legal and other actions on behalf of the lagoon. A scientific committee will evaluate ecological health by determining healthy ranges for salinity, oxygen, and other variables. It will also identify new threats and recommend restorative measures. A monitoring commission will include representatives from environmental organizations, the agricultural industry, and other stakeholders.

“Now we have another tool for protection,” says Jiménez-Casaldueiro, “this opens the door for controlling pollution and other problems facing the Mar Menor.”

“Many indigenous peoples around the world have worldviews that promote recognizing the personhood of natural entities,” notes Julia Talbot-Jones, an environmental researcher.

Other European nations are currently observing the process. In the United Kingdom, activist groups are conducting numerous campaigns advocating for river rights as a response to pollution. “It’s truly exciting to witness the success of the ‘Rights of Nature’ campaign in Spain, as it demonstrates clearly to other European countries that such an approach is feasible,” says Erin O’Donnell.

Today, humanity faces two contrasting tendencies: on the one hand, traditional national customs are being displaced by mass pop-culture; on the other, there is a resurgence of interest in ethnic identity and traditional cultures.

Almost universally, traditional cultures view natural elements—land, rivers, and mountains—as living entities endowed with personhood. For thousands of years, humans have perceived mountains, rivers, and the Earth itself as living beings, integral parts of their existence and identity.

This attitude toward nature is evident in myths, traditions, tales, and festivals of various cultures, reflecting a profound awareness of the interconnectedness of all living systems. Humans traditionally showed deep respect and reverence for the forces of nature, recognizing themselves as integral components of these systems.

In the folklore of the Altai peoples, the rivers Katun and Biya are portrayed with human-like characters. There is a beautiful legend about Katun, the daughter of Altai’s Father, and her beloved shepherd Biya.