The new conception of the environment and nature in the ecuadorian constitutional law in comprehensive health

Authors

DOI:

https://doi.org/10.15517/rr.v102i1.46450

Keywords:

Environmental constitutionalism, Fundamental law, Nature subject to rights, Environmental principles, Transversal

Abstract

 Introduction: The participation of research professors in the different areas of Law constitutes a cornerstone for Higher Education and especially the environmental issue linked to the fundamental right to health.

Aim: In accordance with this, this research carries out an analysis of the new conception of the environment and nature in integral health within the Ecuadorian State. In this context, aspects such as the prospective analysis of the conception of nature, the environment and health were addressed before and after the validity of the Montecristi Constitution.

Method:

A descriptive analysis method with a qualitative approach was used, under the type of secondary bibliographic documentary research. The normative, doctrinal and jurisprudential documentary analysis was used.

Results: The results indicate that: before the validity, nature was conceived as an object and not as a subject of law and health as a human right demarcated from any natural element and currently the paradigm changes since Nature is a subject of rights and this It brings with it legal implications such as respect for their existence, the regeneration of their life cycles, the protection and application of constitutional environmental principles in a transversal manner.

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Author Biography

  • Andrea Carolina Subia Cabrera, University of Otavalo
    Master in International Relations, Research Professor of the Law career and currently a student of the Doctorate of Law at the University of Rosario Argentina.

Published

2023-01-01

Issue

Section

Reflective Articles from Research Studies

How to Cite

The new conception of the environment and nature in the ecuadorian constitutional law in comprehensive health. (2023). Reflexiones Journal, 102(1), 1-15. https://doi.org/10.15517/rr.v102i1.46450