The Rights of the Others

Abstract

One hundred fifty-five years after the Civil Code categorized animals as objects of law, the consequences of an eventual paradigm shift of animals as subjects of rights or objects of legal protection are analyzed in this article. Provided that animals are beings capable of experiencing pain, corresponds to analyze the approach that seeks to protect them from violence. This article exposes animals as part of the others, understood as those who were or are excluded as victims of human irrationality. Are there legitimate reasons to deny legal protection to animals? Specifically, three possible dissertations are analyzed: animals as objects, animals as subjects of rights and finally animals as objects of legal protection. Under this context, the article looks forward to demonstrate the challenge of categorizing animals in a non-traditional legal concept and the urgency of doing so. As well, the Ecuadorian situation is analyzed in terms of animal rights movement, given that important legislatives projects than in this filed are being discussed. In addition, it analyzes changes in laws and jurisprudence that other countries have developed in favor of the recognition of the rights of the animals.