TY - JOUR
T1 - Courts, rights of rivers and the city
T2 - insights from Ecuador
AU - Martinez-Moscoso, Andres
AU - Warner, Mildred E.
N1 - Publisher Copyright:
© 2025 International Water Resources Association.
PY - 2025
Y1 - 2025
N2 - Urban rivers promote habitats, support ecosystems, and provide human access to water, but also face contamination, especially due to inadequate wastewater treatment. The Ecuadorian constitution of 2008 expanded environmental rights to include rights of nature. We analyse the judicial decision on the River Monjas in Quito, Ecuador in which rights of rivers were articulated through an anthropocentric lens that links rights to the city with rights of nature, including rights to a healthy environment, water, heritage, and sustainability. However, by focusing responsibility soley on the city, the Monjas case was limited in its ability to promote a broader ecosystem framework.
AB - Urban rivers promote habitats, support ecosystems, and provide human access to water, but also face contamination, especially due to inadequate wastewater treatment. The Ecuadorian constitution of 2008 expanded environmental rights to include rights of nature. We analyse the judicial decision on the River Monjas in Quito, Ecuador in which rights of rivers were articulated through an anthropocentric lens that links rights to the city with rights of nature, including rights to a healthy environment, water, heritage, and sustainability. However, by focusing responsibility soley on the city, the Monjas case was limited in its ability to promote a broader ecosystem framework.
KW - Ecuador
KW - Rights of nature
KW - community well-being
KW - doctrine of public trust
KW - municipal responsibility
KW - right to the city
KW - rivers
UR - http://www.scopus.com/inward/record.url?scp=105007148590&partnerID=8YFLogxK
U2 - 10.1080/02508060.2025.2501913
DO - 10.1080/02508060.2025.2501913
M3 - Artículo
AN - SCOPUS:105007148590
SN - 0250-8060
JO - Water International
JF - Water International
ER -