Derechos de los animales de la fauna silvestre como parte de los derechos de la naturaleza según los estándares constitucionales establecidos dentro la jurisdicción de la Corte Constitucional

Abstract

Abstract: Ecuadorian constitutionalism has recognized Nature as a subject of rights, consolidating a biocentric paradigm that surpasses the traditional anthropocentric approach. This acknowledgment is grounded in the jurisprudence of the Constitutional Court, whose decisions operate as binding precedents, mandatory for judges and public entities. The analysis of the jurisprudential line makes it possible to understand how these rulings have materialized constitutional principles that were initially abstract. Through them, the interpretation of the rights of nature and its components rivers, forests, mangroves, and wildlife has been strengthened, integrating scientific criteria that recognize animals as sentient beings. Within this framework, the expansion of rights to wild fauna represents a substantial change in the conception of Ecuadorian public law. Beyond debating whether animals should have rights, the challenge lies in ensuring their enforceability and effective protection, establishing clear standards in cases of verified violations. This study demonstrates how the Constitutional Court stands as the highest judicial body, guiding the transition toward a normative model consistent with the Andean worldview and the principles of ecological interdependence.