The court emphasised that those ecosystems, including coral reefs, fish populations and other marine life, have the right to maintain their natural “life cycles, structure, functions and evolutionary processes” (from Chapter 7, Article 71-74 in the country’s constitution).   

In 2008, Ecuador became the first country in the world to recognise the legal rights of nature and this latest decision extends these rights to the marine environments that make up a large part of the country’s rich biodiversity.   

Ecuador’s coastal areas and the ecosystems they contain are essential to the livelihoods of locals who rely on fishing for food and income. These ecosystems also play a critical role in regulating the climate by absorbing carbon and supporting biodiversity. Unfortunately, they face threats including overfishing, pollution and the impacts of climate change.  

The latest ruling followed a 2020 case in which industrial fishers argued that a law restricting fishing in certain territorial waters was unconstitutional. They claimed that the zone would lead to overfishing by smaller, local fishers that could potentially harm the environment. They also argued that the law violated their right to access marine resources for their business purposes. 

The court disagreed with these claims, finding the protected zone was essential for safeguarding local fish species and their habitats. The court also emphasised that marine ecosystems are interconnected and if one part is damaged, the entire ecosystem could suffer.  

The new law includes several provisions that recognise nature’s right to restoration and require the government to implement measures and restrictions to prevent harm or destruction to ecosystems, according to the Global Alliance for the Rights of Nature. This means the government must take steps to protect coastal marine ecosystems and ensure their natural processes continue to thrive and are preserved for future generations.  

Overall, the ruling from the Constitutional Court of Ecuador creates a precedent that allows more people to take legal action on behalf of nature to prevent harmful activities that threaten ecosystems, including fossil fuel development. 

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