Summary
A public action of unconstitutionality was presented by Raul Enrique Salazar Herrera before the Constitutional Court. He declared that Title II, dcl Regimen de Residence in the Province of Galapagos and its articles 24 to 31 of the Organic Law of the Special Regime for the Conservation and Sustainable Development of the Province of Galapagos was unconstitutional. The lawsuit emphasizes the applicable residence regime in the province, which establishes various limitations on constitutional rights related to migration and free movement. The Court established that the special regime applicable by constitutional provision in Galapagos does provide limitations to certain constitutional rights, for conservation reasons. The court considered that the Constitution of the Republic of 2008 establishes an inherent chapter on the “rights of nature” that the State is obliged to promote and guarantee responsibility in the case of the Islands. The court also considered that it had an international duty to protect the Islands because the archipelago was declared a Natural Heritage of Humanity by UNESCO.
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2026. Distributed by the Eco Jurisprudence Monitor. https://ecojurisprudence.org/initiatives/unconstitutionality-of-the-galapagos-law/.
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