Derechos de la naturaleza en materia de la vida silvestre en el Ecuador : Estudio crítico

Abstract

The Rights of Nature in Wildlife Matters in Ecuador: A Critical Study. It focuses on the safeguarding of Ecuadorian wildlife within the framework of the Rights of Nature, a legal-ecological perspective that considers nature as an entity with rights. This paradigm aims to highlight the intrinsic value of ecosystems and promote their respect and protection, regardless of their usefulness to people. Although legislation has progressed, as evidenced by the rulings of the Constitutional Court, there are significant legal gaps regarding the protection of wildlife. The fact that judges apply traditional civil criteria and the lack of specialization in biocentrism hinder the resolution of complex ecological problems. Likewise, the scarcity of financial resources of communities seeking to preserve the environment jeopardizes the precautionary principle, which in theory should take precedence. This reduces their ability to present technical evidence of environmental harm. The study concludes that it is essential to reconsider the current legal framework in order to address current issues, such as habitat loss and species smuggling. These problems have led many species to move into urban areas, making them more vulnerable. It is suggested that wildlife be incorporated into the Public Animal Protection System through the use of protocols for rescuing them, providing specialized care, and establishing rehabilitation centers. The goal is to strengthen the protection of wildlife and promote a more balanced relationship between the ecosystem and society, following the guidelines of precaution, restoration, and environmental prevention.