Initiative
The Rights of Nature are a legal reality in many countries around the world and – since the recognition of the Spanish saltwater lagoon Mar Menor as a legal entity – also in Europe. In view of the ever-worsening ecological crises of our times, the idea of the Rights of Nature (RoN) has been met with increasing resonance in Germany in recent years – both at the levels of civil society and academia.
The RoN question our anthropocentric legal and social system and offer the opportunity to overcome the dichotomy between humans and nature in order to achieve change towards a more environmentally friendly society. The work of German civil society actors is one of the decisive factors in realising the concept of the RoN in Germany. Their approaches are numerous and diverse.
Legal proceedings
Granting subjective rights to natural entities and making them parties to legal proceedings is not an entirely new idea in Europe. In the Middle Ages, animals were already granted subjective rights, and their rights and duties were negotiated in court. In more recent decades, two court proceedings initiated by civil society actors, again concerning animal rights, have caused a stir: In the 1980s, 90% of the entire seal population in the North Sea died presumably due to the dumping of dilute acid on the high seas, which was common practice at the time. In the so-called Robbenklage (‚Seal Lawsuit‘) in 1988, German environmental organisations AKN, BUND, BBV, DNR, Greenpeace, Robin Wood and the WWF attempted to obtain legal protection on behalf of the North Sea seals before the Hamburg Administrative Court. The court rejected the application as inadmissible. However, public interest in the case was strong and subsequently, licences for the dumping of dilute acid were no longer granted – an example of how strategic litigation may lead to actual success even in ‚hopeless‘ cases.
The animal rights organisation PETA used a similar approach in 2019: it lodged a constitutional complaint on behalf of male piglets, arguing that castration without anaesthesia violated the piglets' fundamental rights. According to their argument, fundamental rights at least partly apply to pigs as well. However, the constitutional complaint was not admitted (BVerfG, decision of 14 May 2021, 1 BvR 2612/19).
Legislative initiatives
Civil society actors of RoN in Germany are currently first of all campaigning for the inclusion of the RoN in legal texts.
The Bavarian initiative Rechte der Natur – Das Volksbegehren (hereafter: referendum) has been running already since September 2021. Since then, supporters have been collecting signatures on a petition for such a referendum. The aim is to amend Article 101 of the Bavarian state constitution. The existing wording is to be expanded to include the following additions (in bold):
"Everyone shall have the freedom to do whatever does not harm the rights of others and rights of the co-natural world within the limits of the laws and morality."
The term “co-natural world” (“Mitwelt”) is not commonly used internationally; it is used here as a synonyme for “nature”.
What exactly is meant by these „rights of the co-natural world“ is not defined in more detail and requires interpretation as well as – ultimately – implementation through legislation. However, a certain independent content will be inherent, as the provision would otherwise be meaningless. Taking into account Art. 141 of the Bavarian state constitution, which allows, amongst others, the 'enjoyment of natural beauty and recreation in the outdoors', the co-natural world can be assumed to have a right to exist. Generally, the initiators of the referendum see their proposal primarily as a mandate to the legislative power to take action.
Rights of Nature at the National Level
As early as 2008, the ‘Rights of Nature and Economy Network’ was formed on the initiative of Dr Georg Winter. Notably, this initiative was mainly supported by environmentally oriented representatives from the field of economics. They saw the RoN as a decisive factor, particularly in the context of a sustainable economy and the realisation of human rights. In-depth scientific elaborations were published in the economic publication series ‘Rights of Nature/Biocracy’ in the years 2015-2022. On the initiative of Dr Georg Winter, Christine Ax and the World Future Council, and building on the previous network, the ‘Rights of Nature Network’ (hereinafter: ‘Network’) was founded in 2020. In 2023 the association ‘Netzwerk Rechte der Natur e.V.’ was founded. In addition to numerous activities of its own, it also supports other actors who are committed to the RoN, including at local levels.
In 2020, the network started a two-year consultation process, involving a wide range of people and academics from various disciplines, to work on a proposal to amend the German Basic Law. Amongst others, they proposed to add the following paragraph to Article 1 of the German Grundgesetz (‚Basic Law‘):
"The dignity of nature requires that the natural foundations of life be protected, cared for and preserved and that the intrinsic value of the co-natural world be respected in the whole of nature."
This amendment to the Basic Law is intended to oblige the German state to protect nature for its own sake and to take responsibility for future generations.
Last but not least, in his ground-breaking proposal "Das ökologische Grundgesetz" ('The ecological basic law'), Prof Jens Kersten clarified that an amendment to the German Grundgesetz would bring the most far-reaching successes on the path towards an ecological society.
However, as such an amendment faces high barriers, a referendum seems more promising – at least with regards to the near future (this, too, involves some issues, which may, however, be solved more easily). Irrespective of their feasibility, the proposals described above generally do offer an opportunity to convey a far-reaching idea of nature conservation to a wider public in Germany.
The Rights of Nature
Our relationship with nature is severely disrupted. To sustainably protect people and the environment, we need new approaches – such as granting rights to nature.
This article is part of the Rights of Nature dossier, which explores how this approach can be practically implemented and what opportunities it offers. ▶ Explore the Rights of Nature dossier.
Communicating and networking the Rights of Nature
The association Rechte der Natur e.V. is another actor working on RoN in German civil society – not to be mistaken with the Network, described above. Founded in 2022 by a group of young lawyers, it aims to provide a platform for existing civil society initiatives for individual ecosystems, to promote communication and exchange on preservation of nature and biodiversity as well as to implement its own projects.
Meanwhile, the Network works towards the object of networking the growing movement for RoN within Germany as well as internationally. Both the Network and the Referendum initiative work closely together and are in contact with academics from a wide range of disciplines. Financial support is provided by the ‘Winter Foundation for the Rights of Nature’, founded by Dr Georg Winter in 2022. The aim of the foundation is to support contributions of various kinds to further environmental protection and environmental law in the interests of ecological sustainability, in particular through financial support.
In addition to joining forces within Germany, the network and the referendum have used various forms of mobilisation and information to reach out to as many people as possible. These include for instance information stands, theatre and music events, panel discussions, lectures, workshops, expert dialogues and interviews. The referendum recently received international attention when its initiator Hans Leo Bader spoke at the 12th Interactive Dialogues of the General Assembly of the UN Harmony with Nature programme.
In recent years, both the network and the referendum have been met with more and more resonance and coverage in German media – as for instance in the Frankfurter Rundschau and the magazine Spektrum. Notably, the media debate surrounding the RoN reached a new peak with two decisions by the Erfurt Regional Court in August and October 2024 (e.g. here, here, here and here). In essence, the Erfurt Regional Court recognised the RoN harnessed them to strengthen protection in the context of an action for damages ex officio. In contrast to the 1980s seals lawsuit and the constitutional complaint on behalf of male piglets, the decisions of the Erfurt Regional Court were not preceded by a lawsuit filed by civil society actors.
All information as of 2025. Up-to-date developments on Rights of Nature cases can be found on the open-access platform EcoJurisprudence Monitor.
Translated from German by Imke Horstmannshoff.
Programmes & Initiatives
- UN Harmony with Nature programme
- Rechte der Natur – Das Volksbegehren
- Netzwerk Rechte der Natur
- Rechte der Natur e.V.
Literature
- Ewering, Elena & Gutmann, Andreas. „Gibt Bayern der Natur Rechte?“ Verfassungsblog [DE].
- Ewering, Elena & Vetter, Tore (2021). „Invisibilising Nature. Procedural Limits and Possibilities to Environmental Litigation in German Law.“ 54 VRÜ 3, pp. 376-397.
- Fischer-Lescano, Andreas (2020): „Nature as a Legal Person: Proxy Constellations in Law, Law & Literature.“ Law & Literature, pp. 237-262.
- Gelinsky, Katja (2021). „Die Natur als Person?“ Die politische Meinung, pp. 76-8 [DE].
- Gutmann, Andreas (2021). Hybride Rechtssubjektivität, Die Rechte der Natur oder Pacha Mama in der ecuadorianischen Verfassung von 2008. Nomos [DE].
- Gutmann, Andreas (2022). „Der Nebelwald als Rechtssubjekt.“ KJ 27, pp. 31 f. [DE].
- Kersten, Jens (2020). „Natur als Rechtssubjekt.“ ApuZ 11, pp. 27-32 [DE].
- Kersten, Jens (2022). Das ökologische Grundgesetz. Beck. [DE].
- Kramm, Matthias (Ed.; 2023). Rechte für Flüsse, Berge und Wälder. Oekom [DE].
- Mayer-Abich, Klaus M. (1990). Aufstand für die Natur. Von der Umwelt zur Mitwelt. Hanser [DE].´
- Mührel, Jaspar (2021). „Standing for Piglets.“ Verfassungsblog (accessed 27 Oct 2023).
