Adaptation, facing the impacts of climate change

Abstract

The right to a healthy environment is a human right, located in the group of ESCR, with a high complexity of its claim, since nature, being a legal asset diferent from the others, needs a diferent protection, Let us remember that nature is an active subject, since it not only afects human beings, but also other inhabitants of the planet, and the collective interest must prevail over the individual.

Even when several States have afrmed the rights of nature within their legal systems, as the Ecuadorian State has done in the 2008 Constitution, it is notable that their protection remains weak, and to strengthen these aspects the State must adopt public policies efcient that allows it to control particular activities, in which it is intended to afect the environment, which will guarantee the right to a healthy environment for the entire population.

These environmental rights, as well as the degradation or modifcation of ecosystems, have achieved that the law protects the ecosystem, which has given rise to the relationship between human rights and the environment, which has reached all the countries of the world, proposing challenges that the States must face with all that this implies, that is, making the ecosystem sustainable in the coming years.

The commitment is not only of the State, nor of the specialized institutions in the matter, but it is a responsibility of the entire population, since the right to a healthy environment is one of the social struggles that must constantly be considered to achieve its enforceability, to guarantee its efective enjoyment, so that people have the possibility of presenting an individual claim to demand that the State comply with the right to enjoy a healthy environment.