Full Case Name:  253-20-JH/22 The case of Estrellita

Summary: This is the unprecedented case of Estrellita, a woolly monkey, and the first animal with the status of subject of rights in Ecuador. Estrellita was illegally taken from her habitat as a baby and sold to a family that kept her as a pet for 18 years. The authorities became aware of Estrellita after an anonymous report stating that the Plaintiff was keeping a wild animal in their home. Estrellita was seized and relocated to a nearby zoo. The owner of Estrellita filed a habeas corpus requesting that Estrellita be returned to her, as she was a family member. Sadly, Estrellita died while under the care of the authorities. Despite the family's heartfelt plea, the court denied the habeas corpus, deciding that the best course of action was to keep Estrellita in the zoo - a decision that ultimately cost her life. The Constitutional Court decided to hear the case because it considered it had questions that needed to be answered. In a 7-2 court ruling, Ecuador's Constitutional Court held that animals are subjects of rights protected by the rights of nature. (In Ecuador, nature has been granted rights under the 2008 Constitution). The court found that both the Plaintiff and the authorities had violated Estrellita's rights to life and integrity by taking her from the wild and, in the government's case, by ignoring her needs when relocating her to the zoo. The court further held that the writ of habeas corpus could be appropriate in animal cases, depending on the circumstances. Another significant outcome of this decision is that the court instructed the Ministry of Environment and the Ombudsman to draft new legislation that materializes the parameters and criteria outlined in its decision. This legislation is essential in creating a legal framework to protect animals and ensure their rights are respected.