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Rights of Nature

The “Rights of Nature” approach recognizes ecosystems—such as coral reefs, mangroves, and coastal wetlands—as legal entities with the right to exist, thrive, and regenerate. This means nature can be represented in court, just like a person or company, to prevent or remedy environmental harm. In the context of climate adaptation, this legal framework offers a powerful tool to protect ecosystems that buffer climate impacts, such as rising seas, stronger storms, and coastal erosion.

By granting ecosystems legal personhood, communities and guardians can take direct legal action against human activities that degrade natural systems or contribute to climate change. This creates a new pathway for climate litigation and strengthens environmental protection beyond traditional regulations. In Aruba, there have been discussions about formalizing the Rights of Nature in the constitution, signalling growing interest in this approach across the Dutch Caribbean. 

Feasibility & Local Applicability

This approach is feasible in the Dutch Caribbean, especially where ecosystems are under pressure from tourism, coastal development, and climate change. Aruba’s constitutional interest shows political will, and similar frameworks could be explored in Curaçao and St. Martin. These islands rely heavily on healthy marine and coastal ecosystems for livelihoods and protection, making legal recognition a powerful tool for long-term resilience. 

Co-benefits

Granting rights to nature strengthens environmental governance and encourages ecosystem restoration. Legal recognition can also inspire education and community stewardship, deepening the connection between people and nature. Rights of nature are increasingly used in combination with other ‘new’ legal frameworks such as the right to a clean environment, and ecocide. 

Equity & Vulnerability Considerations

Rights of Nature frameworks can empower communities—especially those most vulnerable to climate impacts—to defend their environment. By giving ecosystems a voice, these laws can help protect the natural resources that marginalized groups depend on. However, implementation must be inclusive, ensuring that local voices, including Indigenous and Afro-Caribbean communities, are involved in decision-making and guardianship roles. 

Costs

Low - Medium | The financial cost of implementing Rights of Nature laws is relatively low. Most expenses relate to legal reform, public consultation, and capacity building. In specific court cases, litigation can be costly. In the long term, rights of nature laws might also reduce litigation costs by providing clearer legal grounds for environmental protection.

Case-studies & Examples

Literature

Adaptation Options Overzicht