Los derechos de la naturaleza y los pueblos indígenas: ¿Una convergencia aparente?

The Rights of Nature and Indigenous Peoples: An Apparent Convergence? 

Abstract

Abstract: The Rights of Nature and Indigenous Peoples: An Apparent Convergence?  - Rights of Nature (RoN) frameworks are frequently presented as natural allies of indigenous peoples' rights. This article argues that the convergence is largely apparent. Drawing on comparative law, inter-American human rights jurisprudence (including Advisory Opinion OC-32/25) and critical indigenous studies, it identifies three structural tensions: RoN's legal personhood dissolves the indigenous ontological unity of territory and identity; State-appointed guardians undermine Free, Prior and Informed Consent; and guardian mechanisms displace indigenous peoples from their own territories. A comparative analysis, including European cases, confirms that RoN risks silencing pre-existing indigenous rights rather than reinforcing them.

Keywords: Rights of Nature; Indigenous peoples' rights; Free, Prior and Informed Consent; Legal personhood; Cosmovision