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Animal Protection in the Constitution of Ecuador

Authority Provision
Title II: Rights, Chapter 4: Rights of Communities, Peoples and Nations, Article 57, paragraph 12; Chapter 6: Rights to Freedom, Article 66, paragraphs 12 and 27; Chapter 7: Rights of Nature, Articles 71, 72, and 73

Per Article 57, the Constitution confirms the rights of indigenous communities, including the right to “uphold, protect and develop collective knowledge; their science, technologies and ancestral wisdom; the genetic resources that contain biological diversity and agriculturalbiodiversity; their medicine and traditional medical practices, with the inclusion of the right to restore, promote, and protect ritual and holy places, as well as plants, animals, minerals and ecosystems in their territories; and knowledge about the resources and properties of fauna and flora.”

Per Article 66, the following right of conscientious objection is recognized and guaranteed but may not “undermine other rights or cause harm to persons or nature.” Also, persons are guaranteed “[t]he right to live in a healthy environment that is ecologically balanced, pollution-free and in harmony with nature.”

Per Article 71, the Constitution recognizes the rights of Pacha Mama, or “Mother Earth”. Specifically, it is given the right to “integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes.”

Per Article 72, nature has the right to be restored.

Per article 73, the Constitution provides for the protection of species. Specifically, it requires the state to “apply preventive and restrictive measures on activities that might lead to the extinction of species, the destruction of ecosystems and the permanent alteration of natural cycles.”

Article 395 provides that “ [t]he State shall guarantee a sustainable model of development, one mat is environmentally balanced and respectful of cultural diversity, conserves biodiversity and the natural regeneration capacity of ecosystems, and ensures meeting the needs of present and future generations.”

Article 399 provides, “ The full exercise of state guardianship over the environment and joint responsibility of the citizenry for its conservation shall be articulated by means of a decentralized national environmental management system, which shall be in charge of defending the environment and nature.”

TITLE V: TERRITORIAL ORGANIZATION OF THE STATE, CHAPTER 2: Organization of the territory, Article 249; CHAPTER 3: Decentralized autonomous governments and special systems, Article 259; CHAPTER 4: System of jurisdictions, Articles 261 and 267, paragraph 4

Per Article 249, “ [c]antons whose territories are wholly or partially within a forty-kilometer border belt shall receive preferential attention for consolidating a culture of peace and socio-economic development, through integrated policies safeguarding sovereignty, natural biodiversity and interculturalism .”

Per Article 259, “ [w]ith the aim of safeguarding the biodiversity of the Amazon ecosystem, the central State and decentralized autonomous governments shall adopt sustainable development policies which shall also onset disparities in their development and consolidate sovereignty.”

Per Article 261, the central State shall have exclusive jurisdiction over biodiversity.

Article 267 provides that rural parish governments shall carry out the duty,”[t]o encourage the development of community production, the conservation of biodiversity and the protection of the environment under its exclusive jurisdiction.”

Title VI: Development Structure, CHAPTER 1: General Principles, Articles 275 and 277, paragraph 1; Chapter 3: Food Sovereignty, Article 281,7; CHAPTER 4: Economic sovereignty, SECTION 3: Public borrowing, Article 290, paragraph 2; SECTION 7: Trade policy, Article 306; CHAPTER 6 : Labor and Production, Section 1, Article 319

Per Article 275, “The good way of living shall require persons, communities, peoples and nationalities to effectively exercise their rights and fulfill their responsibilities within the framework of interculturalism, respect for their diversity, and harmonious coexistence with nature.”

Per Article 277, the State has the responsibility of guaranteeing the rights of people, communities and nature.

Per Article 281, the Constitution requires that animals reared for food are “healthy and raised in a salubrious setting.”

Per Article 290, “ Public borrowing shall be monitored to ensure that it does not affect sovereignty, rights, the good way of living and nature conservation.”

Per Article 306, “ The State shall support the imports necessary for development objectives and shall discourage those that negatively affect domestic production, the population and nature.”

Per Article 319, “ [t]he State shall promote forms of production that assure the good way of living of the population and shall discourage those that violate their rights or those of nature.”

TITLE VII: THE GOOD WAY OF LIVING SYSTEM, CHAPTER 1: Inclusion and equity, CHAPTER 2: Biodiversity and natural resources, SECTION 1: Nature and the environment, Article 395, paragraph 1 and Article 399; SECTION 2: Biodiversity, Article 403; SECTION 3: Natural assets and ecosystems, Article 405

Per Article 403, “ [t[he State shall not make commitments to cooperation agreements or accords that include clauses that undermine the conservation and sustainable management of biodiversity, human health, collective rights and rights of nature.”

Per Article 405, “ [t]he national system of protected areas shall guarantee the conservation of biodiversity and the maintenance of ecological functions…”

TITLE VIII: INTERNATIONAL RELATIONS, CHAPTER 2: International treaties and instruments, Article 419, paragraph 8; CHAPTER 3: Latin American integration, Article 423, paragraph 2

Article 419 provides that “ [t]he ratification or denunciation of international treaties shall require prior approval by the National Assembly [when] they compromise the country's natural heritage and especially its water, biodiversity and genetic assets.”

Article 423 provides, “ Integration, especially with Latin American and Caribbean countries, shall be a strategic objective of the State. In all integration bodies and processes, the Ecuadorian State shall pledge… to promote joint strategies for the sustainable management of natural assets, especially the regulation of extraction activities; sustainable energy cooperation and complementation; the conservation of biodiversity, ecosystems, and water; research, scientific development and exchange of knowledge and technology and the implementation of coordinated food sovereignty strategies.”

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