Is there a new way to defend environmental rights in different countries via ‘legal personhood’? We explore whether the largest permanent saltwater lagoon in Europe – Mar Menor in Spain – will be setting a legal precedent. 

A unique place for several reasons, Mar Menor was the first ecosystem to be granted legal personhood in Europe, a couple of years ago. And now it’s also the first natural entity to be represented at the European Court of Human Rights by our guest Monica Feria-Tinta, counsel for Mar Menor and a barrister practising at Twenty Essex Chambers in the UK. Monica told us why the case of Mar Menor is important and how it relates to the growing awareness of environmental justice.

Mar Menor is a coastal saltwater lagoon in the Iberian Peninsula located near Cartagena, in the Autonomous Community of Murcia. It is described as “an enclave of great ecological value”. Imagine 135 km2 of a marine ecosystem with five volcanic islands, separated from the Mediterranean Sea by a long sandy strip. The ecosystem is home to many indigenous species, and it’s also important for the local agricultural economy.

But human activities, the agricultural use of Campo de Cartagena, excessive construction in the surrounding area, tourism and wastewater, and the creation of artificial beaches, are causing pollution problems.

In 2021, citizens – having collected over 600.000 signatures – got local officials to recognise the legal personality of the Mar Menor and its basin, endowing it with its own rights.

In September 2022, a law officially recognised the juridical personhood of the Mar Menor and its basin. With this comes the possibility of having a legal guardian to safeguard the rights of the ecosystem, as it happens in legal cases involving minors for instance. In September 2023, a court in Cartagena investigating pollution offences to the coastal lagoon called certain administrations and non-governmental organisations to participate in the criminal investigation proceedings, acting on behalf of the Mar Menor. Currently, five non-governmental organisations and three municipalities have accused three agricultural companies of polluting the lagoon, and are asking for compensation to restore the damage caused. Murcia’s local court recently rejected that idea. 
So now will the European Court of Human Rights take a case arguing that the Spanish judiciary is failing to uphold the law and consequently Mar Menor’s rights? Enter Monica Feria-Tinta!

Her reading choices are: her own A Barrister for the Earth and Ethics by Spinoza. And here’s another shot of Mar Menor.