Impacto de la consulta popular PLE-CNE-1-4-3-2011 en los derechos de los toros en Ecuador.

Abstract

Through history, the constitutional framework of Ecuador has always been anthropocentric, in the sense that the only entities that mattered in the eyes of the law regarding rights were people, regardless of whether they were legal entities or legal persons. Nevertheless, it was not until the Constituent Assembly of 2008, that a paradigm shift was forced into the Constitution, in which nature rose to the status of a subject of rights. The shift from viewing nature solely for human display, to recognizing its importance in line with biocentric principles has profound implications for Ecuador's legal system, which now requires a holistic approach to effectively safeguard nature's rights. In alignment with this thinking, animals are directly included in the legal protection; despite this, in Ecuadorian territory, there are a few activities that go against that constitutional protection, such as bullfighting spectacles. In this paper, we explore the relationship between animal rights and bullfighting spectacles, with particular attention to a landmark court ruling (No. 253- 20-JH/22) issued by Ecuador's Constitutional Court regarding the case named “Mona Estrellita,” which set a precedent for nature rights in Ecuadorian legislation. The same relevance is seen in the “Acción de Consulta Popular PLE-CNE-1-4-3-2011,” which carries the prohibition of letting animals die during public spectacles, managed at local level through decentralized governments, and other Ecuadorian and international regulation. All of this is being examined to determine if the rights of bulls, which are considered relevant and a matter of protection according to the newest Ecuadorian Constitution, are being violated due to article 148 of Código de Ambiente.