La aplicación efectiva de los derechos de la naturaleza en el bosque protector Los Cedros

Abstract

This research focuses on the Rights of Nature in the Los Cedros Protected Forest, one of the most biodiverse ecosystems in Ecuador's Andean Chocó region and an international benchmark in environmental protection. Based on Constitutional Court Ruling No. 1149-19-JP/21, which declared the violation of ecosystem rights due to mining concessions, the legal, environmental, and social impact of this precedent is examined. The study was conducted using a qualitative approach that combined a literature review, case law analysis, and the application of a focus group made up of officials, volunteers, and community actors linked to the territory. The results show that, although the Ecuadorian Constitution recognizes nature as a subject of rights, this recognition has not been fully realized in practice. Systematic violations persist, especially those associated with activities such as illegal mining and deforestation, demonstrating the insufficient effectiveness of existing protection mechanisms. Despite the efforts of various socioenvironmental groups and organizations to curb these threats, no significant progress has been made to ensure full respect for ecosystem rights. The research concludes that the Los Cedros Protected Forest ruling is a key case in the defense of the rights of nature, which was mainly threatened by mining. Although Ecuador has a solid legal framework, its effectiveness depends on joint work between institutions and communities. Forest conservation requires strengthening comanagement, citizen participation, and public policies that guarantee its real protection