THE SCOPE OF RECOGNITION OF ANIMALS AS SUBJECTS OF RIGHTS UNDER ECUADORIAN CONSTITUTIONAL JURISPRUDENCE NO. 253-20-JH/22

Abstract

This commentary is an analysis of the Ecuadorian constitutional jurisprudence on the recognition of wild animals as subjects of rights. The scope of the recognition was discussed by studying the two theories that justify the protection of animals and the criteria established by the Court regarding animal law. In this way, the results suggest that the animalist theory is the ideal one to create a legal regime for animal protection, since it individualizes animals and gives them intrinsic value, unlike the environmentalist theory adopted by the Court. In addition, the change in status in favor of wild animals excluded urban fauna, so the decision limited the scope of their protection.