One Step Forward, Two Steps Back: The Search for 'Rights' in the Ecuador Animal Rights Bill
Authors:
- Marina LostalMLMarina Lostal
- Ankita ShankerASAnkita Shanker
- Darren CalleyDCDarren Calley
Preprint
- 1 January 2024
- preprint
- Published by Elsevier in SSRN Electronic Journal
Abstract
The Ecuadorian Constitutional Court ruled in the Estrellita case (2022) that animals, as elements of nature, are subjects of rights, and ordered what became the Bill Organic Animal Law (Bill LOA), soon due for debate in the Ecuadorian National Assembly. This is the world's first bill that seeks to legislatively recognise animal rights. Therefore, Ecuador's actions in this realm will serve as a catalyst for global discourse, prompting reflection and reaction in legal frameworks world over. However, our critical analysis of the Bill LOA reveals that the text is noble in its objectives, but deficient in its articulation. Its content often ends up being a manifestation of the practices it pledged to disrupt: speciesism, anthropocentrism, and the instrumentalisation of animals. This article proposes that the National Assembly pause and reflect, treating the Bill LOA as an agent of change, rather than the immediate mechanism to achieve it. It further identifies where the text turned against its own ideals, and key questions that need to be resolved before passing a law that forever undoes the reification of animals.Keywords
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