Sweden Constitutional Amendment: Rights of Nature

Summary

In 2019, MP Rebecka Le Moine (MP of the Green Party) submitted a parliamentary motion to amend the Swedish Constitution (or Instrument of Government) to recognize the rights of nature and provide the people and government of Sweden the ability to defend and enforce these rights.

The proposal to include the rights of nature in the constitution of Sweden was drafted by Pella Thiel (Rights of Nature Sweden) with support from Mari Margil of the Center for Democratic and Environmental Rights (CDER). This was then developed into a parliamentary motion by the green party that has been presented several times. Despite repeated efforts, the proposal has not been successful. It was denied again in 2026.

Jurisprudential Framing
The proposed amendment is modeled on how other rights are structured in Chapter 2. Fundamental Freedoms and Rights of Sweden’s Constitution. It proposes that Chapter 2 be supplemented with Article 26: “Protection of Nature” and the following text: (machine translated)

“Nature, including ecosystems and native species, shall be guaranteed the following rights:
1. the right to exist naturally, flourish, regenerate, and develop;
2. the right to restoration, recovery, and conservation; and
3. the right to perform its natural functions.

The government shall take all necessary measures to implement, defend, and enforce the provisions of this article. Nature may assert or defend its rights through legal action, with ecosystems or native species as parties to the proceedings.”

Protecting the environment is already a core value recognized in Sweden’s constitution. Chapter 1, Article 2 states: “The public institutions shall promote sustainable development leading to a good environment for present and future generations.” 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.

Involved Organizations