Precedent: The law is considered to be the first instance of
environmental law that gives legal personhood to the natural system, and
may also allow for citizens to sue individuals and groups as part of
"Mother Earth" in response to real and alleged infringements of its
integrity.
The law defines Mother Earth as "...the dynamic living system formed by
the indivisible community of all life systems and living beings whom are
interrelated, interdependent, and complementary, which share a common
destiny; adding that "Mother Earth is considered sacred in the worldview
of Indigenous peoples and nations. In this approach human beings and
their communities are considered a part of mother earth, by being
integrated in "Life systems" defined as complex and dynamic communities
of plants, animals, micro-organisms and other beings in their
environment, in which human communities and the rest of nature interact
as a functional unit, under the influence of climatic, physiographic and
geologic factors, as well as the productive practices and cultural
diversity of Bolivians of both genders, and the cosmovisions of
Indigenous nations and peoples, intercultural communities and the
Afro-Bolivians.
This definition can be seen as a more inclusive definition of ecosystems
because it explicitly includes the social, cultural and economic
dimensions of human communities.The law also establishes the juridical
character of Mother Earth as "collective subject of public interest", to
ensure the exercise and protection of her rights. By giving Mother Earth
a legal personality, it can, through its representatives (humans), bring
an action to defend its rights.
CHAPTER III
RIGHTS OF MOTHER EARTH
Article 7. (RIGHTS OF MOTHER EARTH)
I. Mother Earth has the following rights:
1. To life: The right to maintain the integrity of living systems and
natural processes that sustain them, and capacities and conditions for
regeneration.
2. To the diversity of life: It is the right to preservation of
differentiation and variety of beings that make up Mother Earth, without
being genetically altered or structurally modified in an artificial way,
so that their existence, functioning or future potential would be
threatened.
3. To water: The right to preserve the functionality of the water cycle,
its existence in the quantity and quality needed to sustain living
systems, and its protection from pollution for the reproduction of the
life of Mother Earth and all its components.
4. To clean air: The right to preserve the quality and composition of
air for sustaining living systems and its protection from pollution, for
the reproduction of the life of Mother Earth and all its components.
5. To equilibrium: The right to maintenance or restoration of the
interrelationship, interdependence, complementarity and functionality of
the components of Mother Earth in a balanced way for the continuation of
their cycles and reproduction of their vital processes.
6. To restoration: The right to timely and effective restoration of
living systems affected by human activities directly or indirectly.
7. To pollution-free living: The right to the preservation of any of
Mother Earth's components from contamination, as well as toxic and
radioactive waste generated by human activities.