The Right to Nature: Legal Recognition of Eco therapy and Green Rights

Authors: Swarup Mukherjee

DOI: https://doi.org/10.37082/IJIRMPS.v13.i4.232660

Short DOI: https://doi.org/g9t2vm

Country: India

Full-text Research PDF File:   View   |   Download

Abstract: In an age marked by environmental degradation, mental health crises, and increasing urban isolation, access to nature is emerging as an essential dimension of human rights discourse. This paper explores the evolving legal concept of the "Right to Nature," arguing for its recognition as a justiciable right grounded in ecocentric jurisprudence, public health imperatives, and environmental justice. It examines the therapeutic benefits of nature-based interventions—collectively termed ecotherapy—and how these intersect with constitutional and international legal frameworks. Drawing from comparative constitutionalism, rights of nature jurisprudence, and indigenous traditions, the paper makes a compelling case for legally embedding green rights as fundamental to human dignity, well-being, and intergenerational justice. The study also critiques current legal gaps and advocates for integrating ecotherapy and environmental access into urban planning, health policy, and fundamental rights protections, particularly in plural and developing societies like India. Ultimately, the paper envisions a legal framework where human and ecological flourishing are co-constitutive and mutually reinforcing.

Keywords: Right to Nature, Ecotherapy, Green Rights, Environmental Justice, Therapeutic Jurisprudence, Ecocentric Constitutionalism, Mental Health and Nature, Human Dignity, Rights of Nature, Environmental Personhood, Urban Green Access, Indigenous Environmental Knowledge, Sustainable Well-being, Nature-Based Solutions, Environmental Human Rights.

Paper Id: 232660

Published On: 2025-07-23

Published In: Volume 13, Issue 4, July-August 2025

Share this