Course leader: Bárbara Natália Lages Lobo

Home Institution: Universidade Autónoma de Lisboa 

Course Overview 

The course will address the Rights of Nature as fundamental rights, considering the transformative potential of the state adoption of a biocentric ethics in place of or in coexistence with anthropocentric ethics. It will dialogue on the dimensions of fundamental rights and the scope of these in the 21st century, specifically with regard to discursive openness and allocation in a third, fourth and/or fifth dimension of human and fundamental rights, from distinct worldviews on Nature, Pacha Mama or Mother Earth/Mãe Terra. It will reflect on the coexistence of nature rights and human rights, in addition to the possibility of international recognition of the rights of nature, considering the Sustainable Development Goals within the United Nations. Transdisciplinary studies involve Biopolitics and Bioethics, in relation to the exercise of state power, coexistence between individuals and the constitutional disposition of principles derived from the deep and ethical ecology of the Earth, with the objective of adapting constitutional precepts to the preservation of nature, sustainability and well-being (Sumak Kawsay).

Learning Outcomes

By the end of the course students should be able to understand the philosophical, political and legal foundations of the constitutional adoption of anthropocentric ethics and the transformative potentialities of the constitutional adoption of biocentric ethics. Furthermore, they are expected to be able to reflect on, create dialogue and develop knowledge about current theories, reflections and dialogues in Environmental Law, Nature Rights, Ecology and Sustainability, with attention to perspectives, challenges, needs and contemporary transformations.

Students should have acquired knowledge about the contemporary legal conceptions of Nature Rights, from different worldviews, notedly, the conceptions of Pacha Mama and Mother Earth/Mãe Terra, their relations with deep ecology, preservation and sustainability.

The course aims to develop critical reflexive skills regarding the Rights of Nature and its biopolitical and bioethical relations in the evolutionary trajectory of the dimensions of rights, specifically the rights of fourth and/or fifth dimensions.

Course Content

1. Modernity. Philosophical Rationalism. Anthropocentrism. Colonial-capitalistic unconscious. Utilitarianism.
2. Human Rights and Fundamental Rights. Historical evolution. Generations/Dimensions of human and fundamental rights. Multi-dimensional constitution. Environmental law.
3. International Law and Environment. The UN and the Sustainable Development Goals. Rights of Nature and Human Rights.
4. Biocentric ethics. Intrinsic values of nature. Fundamental Rights and Rights of Nature, Pacha Mama and/or Mother Earth/Mãe Terra. Distinct worldviews. Preservation and sustainability. Environment and Rights of Nature in Latin America.
5. Biopolitics. Right to the city. Law, Health and Sustainability. Bioethics and Biodiversity.
6. Rights of Nature between Biopolitics and Bioethics. Environmental Policy and Nature Rights. Climate crisis, environmental racism and migration. Ecofeminism. Environmental Justice.

Instructional Method

The course will consist of holding seminars on the topics described in the content, with the participation of all members, through a critical reflective dialogue on the contents of the course.

Required Course Materials

Required readings:

Acosta, A. (2018). O bem viver. São Paulo: Autonomia Literária.

Douzinas, Costas, 2000, The End of Human Rights, Oxford.

Federici, Silvia, 2004, Caliban and the Witch: Women, the Body and Primitive Accumulation, Autonomedia.

Guattari, F. (1996). Las três ecologías. Valencia: Pre-Textos.

Gudynas, E. (2019). Os Direitos da Natureza. São Paulo: Elefante.

Harvey, D. (2016). 17 contradições e o fim do capitalismo. São Paulo: Boitempo.

Krenak, A. (2020). O amanhã não está à venda. São Paulo: Cia das Letras.

Lefebvre, H. (2012). O direito à cidade. Lisboa: Letra Livre.

Leopold, A. (2017). Una ética de la tierra. Madrid: Los Libros de la Catarata.

Lobo, B.N.L. (2018). A eficácia do Direito Ambiental Constitucional. In Costa, H.K.M. & Miranda, M.F. Temas de Direito Ambiental. (pp. 18-57). Rio de Janeiro: Lumen Juris.

Santos, B.S. (2018). O Fim do Império Cognitivo. Coimbra: Almedina.

Therborn, G. (2017). Cities of Power. London: Verso.

Therborn, G. (2013). The Killing Fields of Inequality. Cambridge: Polity.

Assessment

Theoretical and practical contact sessions. The theoretical sessions are oriented to the analysis of fundamental concepts and paradigms of analysis of the fundamental themes of the program. The practical sessions will focus on the analysis of cases of violations of nature rights and human rights, analysis of environmental policy and its biopolitical and bioethical reflexes, the constitutionalization and internationalization of nature rights and distinct worldviews, and critical and dialogical reflection on the problems and potentialities under analysis.

The student's assessment will be based on their ability to master fundamental concepts and use them in the analysis of concrete cases as well as their capacity for critical reflection.