La regulación de los derechos de los animales, bienestar animal y protección animal como deuda legislativa y social

Abstract

This paper examines the regulation of animal rights, animal welfare, and animal protection in Ecuador, considering Animal Law as a legislative and social debt of the State to Ecuadorian society. The study is divided into four analytical segments. The first establishes a theoretical framework that details the differences between environmental law and animal law as autonomous legal disciplines, in addition to explaining the theory of animal rights and the concepts of animal welfare and protection. The second chapter addresses the legal gap in this area, highlighting the difficulties generated by the limited recognition of animals as subjects of rights, as well as the concept of such recognition in relation to Nature. It also uses comparative law as a tool to determine the sources of animal rights creation in different parts of the world. The third chapter analyzes the regulatory dispersion, focusing on the international and national regulatory frameworks that refer to or are used in Animal Law cases. Finally, the fourth chapter examines the legislative incapacity of the National Assembly through its relationship with the Constitutional Court, the understanding of legal procedures for lawmaking, and the inadequacy of processing bills. In summary, the thesis presents a study of the urgency and necessity of animal rights regulation.