Rights, Natures and Indigeneity in the Ecuadorian Constitution

The Rights of Nature (RoN) granted by the Ecuadorian Constitution (CRE) of 2008 are often described as an achievement of the indigenous movement. Nevertheless, the relationship between RoN and indigeneity is rather contested.
By using the method of intercultural interpretation – developed by the Constitutional Court – and the concept of hybridity – a key element of postcolonial theories – this paper will interpret the RoN as a so called third space of dialogue that enables and demands negotiation between different epistemes. This becomes obvious when looking at Art. 71 CRE that addresses “Nature or Pachamama” and therefore requires a dialogue between diverging ways to conceive the environment.
These negotiations between indigeneity and western legal thinking can enhance the way of seeing legal personality and (subjective) rights and might overcome some of the deficiencies of subjective rights that have triggered serious criticism of both indigenous and western scholars.