Examinando por Materia "Compromiso de conservación del Reino Fungi"

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    Incorporación del “Compromiso de Conservación del Reino Fungi” en la Legislación Ambiental Colombiana: Mecanismos Jurídicos para su Protección en el Contexto de la Triple Crisis Ambiental
    (Universidad EAFIT, 2025-07-17) Suarez Montiel, Gineth Alejandra; Vallejo Piedrahita, Catalina.
    Fungi, although at times imperceptible to many, play essential ecological roles for life on Earth, such as decomposing organic matter, forming symbiotic relationships with plants, and bioremediating contaminated soils.However, they have historically been overlooked in environmental conservation policies, both in Colombia and internationally. This research aims to address the following question: What legal mechanisms can be used to incorporate into Colombian environmental legislation the Fungi Kingdom Conservation Commitment, adopted within the framework of the 16th Conference of the Parties to the Convention on Biological Diversity (COP 16 of the CBD), in order to ensure the conservation of fungi and recognize their ecological role in mitigating the triple planetary crisis?The guiding hypothesis of this study holds that, although Colombian regulations currently do not explicitly address the Fungi Kingdom, there are constitutional foundations, environmental principles, and recent regulatory developments that would allow for its formal incorporation—provided there is political will and progressive interpretation by legal authorities. The research adopted a legal-dogmatic approach, using methods such as case analysis, comparative law, and historical method to examine the evolution of Colombian environmental regulations regarding the conservation of national biodiversity. Data collection included document review, national and international regulatory analysis, and fieldwork in ecosystems in the department of Antioquia, with the support of expert mycologists, within the framework of a research initiative launched by the Law and Environment research group at EAFIT University. The dogmatic legal analysis revealed significant regulatory gaps, but also recent advances, such as Resolution 0126 of 2024, which for the first time includes fungal species in the national list of threatened species. Likewise, concrete mechanisms are proposed for incorporating the Commitment—and thus fungi—into conservation regulations, such as their inclusion in the 2030 Biodiversity Action Plan, the creation of protected areas specialized in fungi within the National System of Protected Areas (SINAP), and their mandatory consideration in Environmental Impact Assessments (EIAs).From a comparative law perspective, the study examines the cases of Chile—pioneering in integrating fungi into its environmental legislation since 2010—and Ecuador, where the Constitutional Court protected the Fungi Kingdom in the Los Cedros Forest case, recognizing the rights of nature.The study concludes that Colombia has the institutional framework necessary to advance toward a more inclusive legal protection and that recognizing the Fungi Kingdom would contribute not only to biodiversity conservation but also to ecological and biocultural justice. It recommends strengthening mycological research, updating environmental regulatory frameworks, and incorporating the traditional knowledge of Indigenous and rural communities as the basis for more integrated and sustainable ecosystem management.