Summary
In 2019, MP Rebecka Le Moine of the Swedish parliament proposed an amendment to the Swedish Constitution (or Instrument of Government) recognizing the rights of nature and providing the people and government of Sweden the ability to defend and enforce these rights.
Protecting the environment is already a core value recognized in Sweden’s constitution. Chapter 1, Article 2, of the Instrument of Government states: “The public institutions shall promote sustainable development leading to a good environment for present and future generations.” The proposed amendment, modeled on how other rights are structured in Chapter 2, states “Article 26. Nature, including ecosystems, natural communities, and species, shall be guaranteed the following rights and freedoms: 1. rights to naturally exist, thrive, regenerate, evolve, and be restored; 2. freedom to exercise, enforce, and defend these rights and freedoms.” In addition, the amendment builds on the “precautionary principle” found within European Union law by stating that “lack of full scientific certainty shall not be used as a reason for denying or suspending the enforcement or defense” of the Rights of Nature.
Legal Process
A proposed amendment to the Constitution can be introduced directly into the Swedish parliament by Members through private motions. Each motion is referred to a parliamentary committee for review and consideration (a rights of nature amendment would possibly be referred to the Committee on the Constitution, or the Committee on the Environment and Agriculture). The committee then examines the motion and presents a proposal for how the parliament should decide before it adopts a position in the Chamber. On May 14, 2019, a seminar was held in the Swedish Parliament on the subject, hosted by Rebecka Lemoine (MP of the Green Party) and Pella Thiel (Rights of Nature Sweden), along with global experts Mari Margil (CELDF, USA) and Gabriela Eslava Bejarano (Dejusticia, Colombia). The Community Environmental Legal Defense Fund’s International Center for the Rights of Nature worked closely with Le Moine, Rights of Nature Sweden, and Lodyn to develop the draft amendment.
Involved Organizations
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/sweden-rights-of-nature-constitutional-amendment/.
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