Local Development of RoN in Ireland
Over the past five years, a quiet but powerful movement has been taking root across Ireland; one that could see the Republic become the first country in the EU to enshrine the Rights of Nature (RoN) in its national constitution.[1] What began with viral motions passed by Derry City, Strabane District Council and Donegal County Council has grown into a series of local partnerships, public consultations, and grassroots campaigns that bridge local councils and communities.[2] An especially striking feature of Ireland’s RoN movement is the leadership of activists and academics from the North and the border counties.[3] These local efforts, supported by global civil society, laid the groundwork for national institutional change back in 2022.[4] As councils across the island continue to recognise nature’s inherent rights, Ireland now stands on the cusp of a transformative legal, political and socio-ecological shift.
Citizens’ Assembly on Biodiversity Loss
The Citizens’ Assembly on Biodiversity Loss was one of four Citizens’ Assemblies committed to in the Programme for Government, Our Shared Future.[5] Following debates in both Houses, it was formally established in February 2022 by resolutions of Dáil Éireann and Seanad Éireann. Its mandate was to examine how the Irish State could strengthen its response to biodiversity loss and to develop concrete proposals for action.[6] It was composed of 100 members, 99 randomly selected from households across Ireland and an independent Chairperson appointed by the Taoiseach. The Citizens’ Assembly engaged in extensive deliberation, drawing on input from experts, climate stakeholders, and the wider public.[7] At its final meeting, the Assembly voted on a comprehensive set of propositions, ultimately agreeing to 159 recommendations: 73 high-level and 86 sector-specific.[8] Among these was a groundbreaking proposal, submitted by legal professionals across Ireland and the UK, calling for a referendum to amend the Constitution to recognise the RoN.[9] The Assembly voted overwhelmingly in favour of this proposal, with 83 percent supporting its inclusion in the final recommendations to the government. Assembly chair, Dr Aoibhinn NÍ Shúilleabháin, noted that a “Citizens’ Assembly is a good temperature check” to evaluate the general opinion of Irish society.[10] Notably, when the Citizens’ Assembly on repealing the Eighth Amendment on abortion voted, the percentage in favour almost precisely mirrored the percentage of the public who ultimately supported the measure at the polls.[11]
Examination on the recommendations by the Oireachtas Joint Committee on Environment and Climate Action
Following this, these recommendations were examined by the Oireachtas Joint Committee on Environment and Climate Action. The 159 recommendations were filtered and edited to become 86 final recommendations, “which the Committee feel are vital to ensure that the biodiversity crisis in Ireland is addressed in a meaningful way.”[12] Remarkably, “the Committee noted the Assembly’s recommendation that Ireland adopt the human right to a clean, healthy and sustainable environment and the recommendation that the legal rights of nature be recognised.”[13] Comparative insights were valued, as “Ms Mari Margil outlined that Ecuador has the most robust enforcement and implementation because the rights of nature have been enshrined within its constitution for 15 years;” and “Dr Ryall highlighted that enshrining something in the constitution sends a powerful message across society that can impact political will.”[14]
Arguments put forward by EJNI
Among the academic and legal experts invited for consultation by the Citizens’ Assembly, was our hub’s very own Environmental Justice Network Ireland. In a 32-page key report, Rights of Nature in Ireland: Towards a Living Island of Rights-bearing communities, the organisation outlines key arguments advocating for the recommendation of a constitutional referendum to include the RoN.
Irish Mythical Ecology
Firstly, the RoN represent a paradigm shift: instead of humankind viewing nature solely as a resource to be exploited for human ends, they invite us to restore a relational way of being in the world — one that is already deeply contained in Indigenous Irish culture, language, and law. Indigenous cultures worldwide remind us that mountains, rivers, and wildlife are not commodities but relatives.[15] Irish mythology and native language echo this worldview. Peter Doran illustrates this with the mythic tales of the Fomorians and the Tuatha Dé Danaan: the tension lies between attempts to bend Nature to human will and the call to honour Nature’s sovereignty.[16] This ecological wisdom, embedded in Irish cultural heritage, demonstrates that Irish ancestors intuitively understood the need for balance and respect for the living world.
Brehon Law: Irish eco-legal system
Secondly, Nature’s inherent value was already recognized by ancient Irish legal traditions, with the Brehon law as an early eco-legal system. “For example, long before modern laws on Nature conservation, the eighth century Bretha Comaithchesa “judgments of neighbourhood” contained a list of twenty-eight trees and shrubs and the various penalties that would be incurred by anyone who damaged them. Furthermore, the seventh-century Bechbretha “bee-judgments” demonstrated an awareness that trees are more likely to develop rot or disease if a cut is made during periods of growth by imposing a heavier fine for damage to a tree during its growing season.”[17] These environmental principles were then replaced by the colonial British common law.
RoN in Ireland: Decolonial justice ?
Finally, the organisation argues that enshrining the RoN in Ireland “could signal a remarkable turn in [the] island [‘s] journey towards an indigenous political ecology – an act of liberation for both Nature and [the Irish people].”[18] Indeed, making terms with decolonization and ecological justice are most relevant for Ireland’s heritage. The island was considered a British colonial training ground: “a text book case of the destruction of the natural environment for commercial, political and colonial ends.”[19] Irish forests were felled and lands expropriated for the empire. Modern parallels can be drawn to the current extractive industries: offshore gas reserves are exploited, and the island remains an attractive site for the mining industry.[20] There is no doubt that european imperial philosophies enabled ecocide and indigenous genocide around the globe.[21] However, today’s indigenous understandings, such as Ron, must be valued in contemporary climate action. This is supported by reports by the IPCC itself, and indigenous Irish understandings may play a part too.[22]
Empowering the Irish Indigeneity through Language
In fact, Irish heritage has a strong ecological worldview: beyond popular myths, this relational bond with nature is embodied in the Irish language. Linguistic colonization intertwines with environmental dispossession: “As Sinéad Mercier has noted, through the distortion of language and place, the land was withdrawn from its inhabitants, as Irish place names infused with local memory, myth and knowledge, were replaced by meaningless English denominations.”[23] The report concludes its advocacy with a call to action: local ancestral knowledge must be brought into modern environmental governance. Ireland often displays solidarity with indigenous peoples from around the world. Yet, Ireland must also work to recover its own indigenous heritage and empower its own local alternative ecological narratives.[24]
Constitutional Pathways to RON
Ireland’s constitutional journey already holds seeds for the recognition of the RoN. When Ireland obtained independence, the drafters of the 1922 Constitution deliberately sought to cleanse Irish law of colonial elements and to “recover the high qualities of old Irish customary law.”[25] These early efforts reflected an ambition to restore legal principles that emphasised communal and ecological responsibilities, such as the duties of care contained in the customary Brehon law mentioned previously. Revisiting this legal heritage through a modern rights-based lens can guide a sustainable future. Today, the Irish state has an opportunity to expand this early constitutional vision, and reinforce the decolonization process of the island, as well as state that “political liberation must extend to our rivers, fauna, mountains and forests. Our island is constituted by a myriad of living communities, both human and more-than-human.” [26]
See Image above, page 16 of the Report of the Citizens’ Assembly on Biodiversity Loss, March 2023
This recommendation by the Assembly reflects a strong and balanced approach to embedding the RoN within Ireland’s constitutional framework. By explicitly combining substantive and procedural rights for both humans and Nature, it recognises that environmental protection is inseparable from human well-being and democratic accountability. The inclusion of future generations, Aarhus rights, and Nature’s own standing as a rights-holder shows an ambitious commitment to aligning Irish constitutional law with international best practices and ecological justice principles.
Feasibility of the Referendum
Currently, not much has been done since the review of the recommendation by the Oireachtas Joint Committee. While a large boost in the debate has been noted, there is no significant milestone that has been reached in organising a referendum. Current politics may explain this: in the last referendum, the government was accused of mismanaging the process. This created a loss of momentum, but also a justification – legitimate or not – for the state to distance itself from the process. Since then, there has been a general election in November 2024 (for the Dáil, the Irish house of representatives), yet none of the parties included following up on the recommendation in their manifesto.
Conclusion
Ireland now stands at a crossroads where ancient wisdom, local action, and modern legal innovation meet. While the Citizens’ Assembly’s recommendation shows a clear public appetite for recognising the RoN, meaningful progress will depend on sustained political will and grassroots mobilisation. If realised, this constitutional change could mark a bold step towards ecological justice and decolonial renewal: honouring Ireland’s unique heritage while charting a hopeful path for future generations and the living world they share.
[1] Louise Cullens. “Should Ireland Give Rights to Nature?” BBC News, December 16 2023. https://www.bbc.com/news/articles/cd1d959wkq0o.
[2] Ciara Brennan et al. “Rights of Nature in Ireland: Towards a Living Island of Rights-Bearing Communities. Submission to the Citizens’ Assembly on Biodiversity Loss,” Environmental Justice Network Ireland, September 2022, 3.
[3] Peter Doran. “Rights of Nature Are the Rights of Ireland — Towards a Constitutional Referendum Like No Other,” Chemins Publics, March 5 2024. https://www.chemins-publics.org/articles/rights-of-nature-are-the-rights-of-ireland—towards-a-constitutional-referendum-like-no-other-copy
[4] Eco Jurisprudence Monitor. “Ireland Citizens’ Assembly Constitutional Amendment Proposal to Recognize the Rights of Nature.” https://ecojurisprudence.org/initiatives/ireland-constitutional-amendment-recognizing-rights-of-nature-2/
[5] The Citizens’ Assembly. “About the Citizens’ Assembly on Biodiversity Loss.” https://citizensassembly.ie/previous-assemblies/citizens-assembly-on-biodiversity-loss/
[6] Ibid.
[7] Ibid.
[8] Ibid.
[9] Eco Jurisprudence Monitor. “Ireland Citizens’ Assembly Constitutional Amendment Proposal to Recognize the Rights of Nature.”
[10] Caroline O’Doherty. “Citizens’ Assembly Seek Referendum to Give Nature Rights to Be Protected,” The Irish Independent, November 27 2022. https://www.independent.ie/news/citizens-assembly-seek-referendum-to-give-nature-rights-to-be-protected/42177504.html
[11] Ibid.
[12] Joint Committee on Environment and Climate Action. “Report on the Examination of Recommendations of the Citizens’ Assembly Report on Biodiversity Loss,” Oireachtas Report, December 2023, 3.
[13] Ibid, 12.
[14] Ibid, 13.
[15] Ciara Brennan et al. “Rights of Nature in Ireland: Towards a Living Island of Rights-Bearing Communities. Submission to the Citizens’ Assembly on Biodiversity Loss,” Environmental Justice Network Ireland, September 2022, 3.
[16] Peter Doran. “Rights of Nature Are the Rights of Ireland — Towards a Constitutional Referendum Like No Other,” Chemins Publics, March 5 2024.
[17] Ciara Brennan et al. “Rights of Nature in Ireland: Towards a Living Island of Rights-Bearing Communities. Submission to the Citizens’ Assembly on Biodiversity Loss,” Environmental Justice Network Ireland, September 2022, 3.
[18] Peter Doran. “Rights of Nature Are the Rights of Ireland — Towards a Constitutional Referendum Like No Other,” Chemins Publics, March 5 2024.
[19] Ciara Brennan et al. “Rights of Nature in Ireland: Towards a Living Island of Rights-Bearing Communities. Submission to the Citizens’ Assembly on Biodiversity Loss,” Environmental Justice Network Ireland, September 2022, 4.
[20] Ibid.
[21] Peter Doran. “Rights of Nature Are the Rights of Ireland — Towards a Constitutional Referendum Like No Other,” Chemins Publics, March 5 2024.
[22] Ciara Brennan et al. “Rights of Nature in Ireland: Towards a Living Island of Rights-Bearing Communities. Submission to the Citizens’ Assembly on Biodiversity Loss,” Environmental Justice Network Ireland, September 2022, 11.
[23] Peter Doran. “Rights of Nature Are the Rights of Ireland — Towards a Constitutional Referendum Like No Other,” Chemins Publics, March 5 2024.
[24] Ciara Brennan et al. “Rights of Nature in Ireland: Towards a Living Island of Rights-Bearing Communities. Submission to the Citizens’ Assembly on Biodiversity Loss,” Environmental Justice Network Ireland, September 2022, 14.
[25] Ibid, 4.
[26]Ibid, 5.
