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Displaying 1 - 10 of 10
Titlesort descending Citation Alternate Citation Summary Type
Ecuador - Animal rights - Civil Code CÓDIGO CIVIL Even though the constitution has indirectly granted animals rights as they are part of nature, they continue to be categorized as movable objects by the civil code. However, the most recent reform to the civil code is from 2005, meaning the current civil code still needs to be updated to comply with the 2008 constitution and subsequent constitutional court decisions. Article 585 defines movable objects as those that can be transported from one place to another, either by their force, like animals (which is why they are called “semovientes”), or by an external force, like inanimate things. Article 639 states that “domestic animals are subject to domain” (or complete ownership). It is important to note that the bill for animal welfare is currently in the hands of the National Assembly. Changing the categorization of animals in the civil code to “sentient beings” is one of the many topics regulated by this bill. Statute
Ecuador - Circus - Acuerdo Ministerial Nº 062 Acuerdo Ministerial Nº 062 The Ministry of the Environment issued ministerial agreement 062, which regulates the use of wild animals in circuses. This regulation aims to eliminate wildlife trafficking, trade, and cruelty. Statute
Ecuador - Cruelty - Criminal Code Excerpt Excerpt Código Orgánico Integral Penal Excerpt Ecuador's Criminal Code This excerpt is from the Criminal Code of Ecuador, Chapter 4, crimes against the environment and nature or "Pacha mama." The crimes against animals are outlined in this chapter. More specifically, Section 2, "Crimes of private action against animals that are part of the urban fauna," articles 249-250. Under the current criminal code, causing injury to an animal is punished with confinement in jail for two to six months. If the act involves cruelty or torture, the punishment is six to twelve months of confinement in jail. Sexual conduct with an animal and sexual exploitation of an animal is also punishable. The death of an animal resulting from sexual conduct is considered an aggravating factor punishable with confinement in jail between one to three years. If the animal dies due to circumstances other than sexual behavior on the animal, the punishment is confinement in jail for six months to one year. Finally, If death is the product of cruel acts, confinement will last one to three years. Dog fighting, abandonment of companion animals, and mistreatment are also prohibited. Statute
Ecuador - Dog control - Acuerdo Nº 0116 Interministerial Agreement for the Responsible Ownership of Dogs This regulation has been in effect since 2009, and it seeks to regulate the responsible ownership of dogs. It focuses on those breeds that are not recommended as pets because they are considered dangerous. This is with the purpose of protecting the health and life of the citizens (Article 1). This regulation establishes the standards of welfare for the keeping of dogs, duties, and obligations of owners and keepers. It regulates the breeding and commercialization of dogs, population control, dogs as companion animals, dangerous dogs, working dogs, and service dogs. Statute
Ecuador - Environmental - Decreto Ejecutivo 752 Regulations to the Code of the Environment Decreto 752 regulates the environment code. It comprises seven books that regulate each of the books in the Environmental Code regulating topics such as natural heritage, environmental quality, climate change, the coastal marine zone, environmental incentives, etc. These books contain chapters, sections, and provisions concerning wildlife, urban fauna, protected areas, production, and sustainable use, etc. This regulation establishes that all wildlife species are protected by the government, and gives special priority to native, endemic, threatened, and migratory species. It prohibits the commercial trade of wildlife from being used as pets without authorization; the commercial trade of native, endemic, threatened, and migratory wildlife species directly taken from their natural habitat; and other prohibitions that the environmental authority may establish. This executive decree also regulates the application of The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Chapter V, articles 106-121. Statute
Ecuador - Environmental - Organic Procedural Code Ley 0 Registro Oficial Suplemento 506 de 22-may, 2015 Ecuador's COGEP This excerpt is from Ecuador's General Procedural. It contains provisions concerning the representation of nature. These provisions state that any person may file a lawsuit claiming damages on behalf of nature. More specifically, under the articles in Chapter II, nature can be legally represented by any person, entity, collectivity, or by the ombudsperson, who may also act on their initiative. Article 30 establishes who can be a plaintiff and a defendant. Nature is within the definition of these parties. Statute
Ecuador - Farm animals - Organic Code of agricultural health Ley Organica de Sanidad Agropecuaria de Ecuador The organic code of agricultural health of 2017 has as its primary objective to 1) prevent the entry, dissemination, and establishment of pests and diseases; promote animal welfare; and 2) control and eradicate pests and diseases that affect plants and animals and that could represent a phytosanitary and animal health risk. This law creates the Regulatory agency for Phytosanitary and Zoosanitary Control. This agency is responsible for regulating and controlling animal health and welfare, plant health, and food to maintain and improve the adequate conditions of agricultural production. Statute
Ecuador - Stray animals - Ley 67, 2006 Ley 67, 2006, Ecuador The excerpt from the organic law for health corresponds to the treatment of companion and stray animals. Article 123 establishes that domestic animal owners must vaccinate their animals against rabies and other diseases the health authority considers a risk to human health. Owners are also responsible for keeping their animals in conditions that do not risk human health and environmental hygiene. Under the same article, municipalities, in coordination with the health authority, control and handle stray animals. Statute
Environmental Code of Ecuador The Environmental Code was published in 2018. It aims to “guarantee the right of people to live in a healthy and ecologically balanced environment, as well as protect the rights of nature for the realization of good living.” This code was the base for reforming the Criminal Code, which increased the punishment for animal cruelty. This law contains administrative sanctions, including fines, animal confiscation, community service, prohibition to acquire or keep animals temporarily or permanently, and payment of veterinary, food, and maintenance costs required for the animal’s recovery, among others. The environmental code contains environmental management provisions, including wildlife, urban fauna, climate change, waste management, etc. Under this code, the welfare of domestic animals and wildlife is a duty. It establishes the obligations and responsibilities related to animals. Regulations, control management, and coordination of the parameters outlined in this law lay on the Autonomous decentralized Municipal or Metropolitan Governments. For instance, cities have the power to regulate animal welfare concerning the ownership of animals and during the rearing, commercialization, breeding, transportation, and euthanasia of animals. Another example of this power vested in the cities and municipalities is the responsibility to establish plans and programs to prevent, manage, and control animal populations. This includes informative and educational campaigns on animal welfare, sterilization, and responsible adoption. Statute
Regulation for the Responsible ownership of Dogs in Ecuador This regulation has been in effect since 2009, and it seeks to regulate the responsible ownership of dogs. It focuses on those breeds that are not recommended as pets because they are considered dangerous. This regulation establishes the standards of welfare for the keeping of dogs, duties, and obligations of owners and keepers. In addition, it regulates the breeding and commercialization of dogs, population control, dogs as companion animals, dangerous dogs, working dogs, and service dogs. Statute