CONSTITUTION OF THE REPUBLIC OF ECUADOR 2008

Legislative Decree 0
Official Record 449 of October 20, 2008
July 13, 2011

Preamble

WE, the sovereign people of Ecuador

RECOGNIZING our millennial roots, forged by women and men from different peoples,

Celebrating nature, Pacha Mama, of which we are a part and which is vital for our existence.

INVOKING the name of God and recognizing our diverse forms of religiosity and spirituality,

APPEALING to the wisdom of all cultures that enrich us as a society,

AS HEIRS of the social struggles for liberation against all forms of domination and
colonialism

And with a deep commitment to the present and the future,

We decided to build

A new way of civic coexistence, in diversity and harmony with nature, to achieve the
good living, the sumak kawsay;

A society that respects, in all its dimensions, the dignity of individuals and communities;

A democratic country, committed to Latin American integration - the dream of Bolívar and Alfaro - peace and
solidarity with all the peoples of the earth; and,

In exercising our sovereignty, in Ciudad Alfaro, Montecristi, province of Manabí, we give ourselves the
present.

Constitution of the Republic of Ecuador

Chapter Seven

Rights of nature

Article 71.- Nature or Pacha Mama, where life reproduces and unfolds, has the right to be respected.
integrally its existence and the maintenance and regeneration of its vital cycles, structure, functions and
evolutionary processes. Every person, community, town, or nationality may demand from the public authority the
compliance with the rights of nature. To apply and interpret these rights, the following will be observed
principles established in the Constitution, as applicable. The State will incentivize individuals
and legal entities, and to the collectives, to protect nature, and will promote respect for all elements
that form an ecosystem.

Concordances:
HYDROCARBON LAW, 1978, Arts. 1
ORGANIC LAW OF THE GENERAL CONTROLLER OF THE STATE, Arts. 27

Art. 72.- Nature has the right to restoration. This restoration shall be independent of the
obligation of the State and natural or legal persons to compensate individuals and
collectives that depend on the affected natural systems. In cases of severe environmental impact or
permanent, including those caused by the exploitation of non-renewable natural resources, the State
It will establish the most effective mechanisms to achieve restoration and will adopt the appropriate measures.
to eliminate or mitigate harmful environmental consequences.

Concordances:

CIVIL CODE (BOOK IV), Arts. 1572

Article 73.- The State shall apply precautionary and restrictive measures for activities that may lead to
the extinction of species, the destruction of ecosystems, or the permanent alteration of natural cycles.
The introduction of organisms and organic and inorganic material that may alter in a way is prohibited.
defining the national genetic heritage.

Concordances:

ORGANIC LAW OF HEALTH, Arts. 6, 115, 116, 149

Article 74.- Individuals, communities, peoples, and nationalities shall have the right to benefit from
environment and the natural riches that allow them to live well. Environmental services will not be
susceptible to appropriation; its production, provision, use, and exploitation will be regulated by the
State.

Concordances:

HYDROCARBON LAW, 1978, Arts. 93