The right to a healthy environment in the Galapagos Archipelago

Abstract

The Galapagos Archipelago, world-renowned for its unique biodiversity, faces environmental threats such as excessive tourism, pollution, illegal fishing, and climate change. Despite constitutional recognition since 2008, which grants nature inherent rights, its effective implementation still presents regulatory gaps and institutional obstacles. This study analyzes how recognizing nature as a subject of rights can strengthen ecosystem protection in the Galapagos and guarantee the right to a healthy environment. From a legal, ecological, and sociocultural perspective, the current legal weaknesses, environmental impacts, and the need for a more robust protection model are assessed. Deficiencies in current legislation and public policies are identified, highlighting the lack of harmonization between the national legal framework and international standards. Furthermore, the importance of the principle of sumak kawsay is emphasized as a philosophical basis for an intercultural interpretation of these rights. The methodology includes documentary analysis and surveys conducted with local stakeholders, especially in San Cristóbal, to understand environmental perceptions and practices. The proposal is to build a new legal model that incorporates the rights of nature as a central element, promoting a harmonious relationship between communities and their environment.