A las generaciones futuras y la naturaleza: ¿hay um deber de cuidado? algunas reflexiones desde el eurocentrismo

Abstract

In this study two main aspects are presented. In the first, the concept of care is clarified: it is reduced to the moral sphere or the responsibility (and, therefore, duty) can be extended to the legal field. From there, we study the projection of the duty of care over two categories of the Future Generations and Nature-, reviewing some of the problematic issues that arise along these lines and paying special attention to the issue of their protection and guardianship. In this sense, and given the progressive prominence that the Rights of Nature are acquiring in the Ibero-American sphere, it is proposed, as a preliminary question to deal with Nature, Mother Earth and Pachamama, to delimit the differences between these categories and those of the environment: What is the relationship between environmental law and / or the rights of nature and human rights? How can such categories legally be protected? An intermediate theory is proposed -between the anthropocentric (Eurocentric) and the biocentric (Ibero-American) environmental human rights -or environmental law-, as able to arbitrate the necessary mechanisms of protection and protection, without having to resort to the legal fiction of recognizing rights to Nature. Finally, the evolution of an environmental citizenship to an ecological citizenship is justified.