Marcia Condoy Truyenque

A recent attitudinal change towards animals has led many people to recognize their family structures as multispecies families, that is, a family composed of human members and animals of other species, united by affective ties, and solidarity, in a horizontal relationship, and even where there is mutual recognition. This social phenomenon requires that the legal concept of family, which today more than ever accepts the plurality of family structures, also includes multispecies families. The protection of multispecies families is necessary and possible if one considers that in Latin America today, a post-positivist legal system prevails that is aimed at protecting fundamental rights and freedoms. This legal system allows for a broad interpretation of rights such as the right to free development of personality and the right to family integrity, rights that already serve as foundational for the recognition and protection of multispecies families in Latin America.

On January 27, 2022, the Constitutional Court of Ecuador (the Court) granted judgment in the case 253-20-JH, called “Rights of Nature and Animals as Subjects of Rights, Estrellita Monkey Case,” popularly known as the Estrellita case. 1 The case generated high expectations because the Court selected it for the development of binding jurisprudence. Since its release, the case has received broad public attention due to its ruling and media outlets having announced that Ecuador is the frst country where animals have legal rights. Given the importance of the Estrellita case, an analysis from an animal rights perspective is necessary. First, I will summarize the Rights of Nature under the Ecuadorian Constitution and the history of the Estrellita case. Secondly, I will explain the ruling of the Estrellita case, how the Court recognized individual animals as legal subjects, what rights of wild animals were recognized, the interspecies principle, and the ecological interpretation principle. Thirdly, I will argue why Rights of Nature is not the correct framework for the achievement of rights for animals, mainly because the ecological interpretation principle has the effect of undermining the full realization of those rights. Finally, I will present positive outcomes for animals in Ecuador that derive from the Estrellita case, as the Rights of Nature framework has a symbolic and instrumental value that one can use for the beneft of animals.