Habeas corpus as a constitutional guarantee of animal rights protection

Abstract

Unlike animals, human beings are rational beings, guided and guided by reason, capable of thinking, interpreting, deciding, differentiating right from wrong, etc. In this sense, one of the essential requirements to be cataloged and considered as subjects of rights in Ecuador is to belong to the category of persons, whether natural or legal and therefore capable of obligating us. In this regard, our Constitution has conceived several guarantees aimed at the protection and defence of the rights of individuals. This research work focuses on the analysis of the constitutional guarantee of habeas corpus but from the perspective of the rights of nature and animals, conceived by international doctrine as non-human persons and sentient beings. This analysis starts from the premise that animals have historically been subjected to violence, mistreatment and abuse. This reflection is also focused and born of the study of the current civil legislation, within which animals have been cataloged within the classification of movable things. 

In this sense, the concern that arises as a research question to be resolved through this research contribution is the following: Should a new categorization of people be established within which animals are included as sentient beings, not humans, and therefore holders of certain guarantees restricted to people?   This concern arises in order to invite the scientific community to reflect on the importance of decosifying animals, considering them as sentient beings and in this sense provide them with adequate protection starting from the constitutional field.