Rights of Nature in Ireland – Submission to the Irish Citizens’ Assembly on Biodiversity Loss

Background:

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In April 2022, the Irish Citizens’ Assembly on Biodiversity Loss, comprising 99 randomly selected citizens and an independent chairperson, began its work to examine how Ireland can address the ongoing biodiversity crisis. Lawyers for Nature, in collaboration with Queen’s University Belfast School of Law and the Environmental Justice Network Ireland, provided expert advice on the potential for incorporating the Rights of Nature into Ireland's legal framework.

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Action:

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Lawyers for Nature proposed a 15-point recommendation, summarized as follows:

1. Constitutional Amendment – Explicitly recognize the Rights of Nature, aligning it with the human right to a healthy environment.
2. ‍Research and Advocacy – Investigate international Rights of Nature initiatives, particularly the work of Donegal County Council, and advocate for the right to a healthy environment at global forums such as the UN and EU.
3. ‍Legal and Societal Shifts – Amend customary law and property rights to support the Rights of Nature, introduce a statutory “right to roam,” and establish the crime of ecocide under domestic law.

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Result:

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The Irish Citizens’ Assembly on Biodiversity Loss published a report with 150 recommendations, one of the most significant being the constitutional recognition of the Rights of Nature. This aligns with the advice provided, marking a pivotal moment in Ireland’s approach to biodiversity conservation. The report emphasizes the urgent need for the State to act swiftly to combat biodiversity loss and stresses that some necessary legal measures have yet to be implemented.

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A key highlight from the Assembly’s findings is Recommendation 31, which calls for a referendum on a Constitutional amendment to recognize Nature as a holder of legal rights. This proposal received overwhelming support, with 75% of the Assembly members backing it. The report was hailed as “a call to action” by the Assembly’s chair, Dr. Ní Shúilleabháin, and stresses the need for urgent, transformative legal and societal changes to protect the environment for the benefit of both nature and humanity.

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Resources:

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• Full report from the Irish Citizens’ Assembly.
• Key recommendations submitted to the Assembly.

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