Animal & Natural Resource Law Review

On January 27, 2022, the Constitutional Court of Ecuador (the Court) granted judgment in the case 253-20-JH, called “Rights of Nature and Animals as Subjects of Rights, Estrellita Monkey Case,” popularly known as the Estrellita case. 1 The case generated high expectations because the Court selected it for the development of binding jurisprudence. Since its release, the case has received broad public attention due to its ruling and media outlets having announced that Ecuador is the frst country where animals have legal rights. Given the importance of the Estrellita case, an analysis from an animal rights perspective is necessary. First, I will summarize the Rights of Nature under the Ecuadorian Constitution and the history of the Estrellita case. Secondly, I will explain the ruling of the Estrellita case, how the Court recognized individual animals as legal subjects, what rights of wild animals were recognized, the interspecies principle, and the ecological interpretation principle. Thirdly, I will argue why Rights of Nature is not the correct framework for the achievement of rights for animals, mainly because the ecological interpretation principle has the effect of undermining the full realization of those rights. Finally, I will present positive outcomes for animals in Ecuador that derive from the Estrellita case, as the Rights of Nature framework has a symbolic and instrumental value that one can use for the beneft of animals.