Limitaciones jurídicas y sociales frente al maltrato animal en Quito

Abstract

In recent decades, the relationship between humans and animals has undergone a profound shift in philosophical and legal spheres. In Ecuador, this change was solidified with the 2008 Montecristi Constitution, which recognized nature as a subject of rights and, consequently, animals. From a biocentric perspective, contemporary ethics recognizes animals as sentient beings, capable of forming bonds and experiencing pain. Therefore, violence against them not only violates the law but also reflects a moral deficiency in the community. However, in practice, anthropocentric behaviors persist, relegating animals to a secondary status. This contradiction becomes evident in urban spaces and higher education institutions, where the presence of community dogs has highlighted the lack of policies for respectful coexistence. Research shows that this problem is not limited to regulations but also extends to ethics: many of the sanctions stipulated by various oversight bodies are not enforced, leaving cases unresolved and, consequently, reducing the number of complaints regarding the ineffectiveness of these bodies and the lack of importance given to them. In Quito, the growth of urban wildlife has also reached university campuses. The lack of a management plan has caused tension between those who support the presence of these animals, commonly referred to as strays, and those who do not, leading to institutional and ethical conflict. Given this reality, this academic thesis proposes the development of institutional guidelines based on ten key areas, focused on comprehensive care, funding, responsible adoption, community participation, and ongoing monitoring. Their eventual implementation would reduce conflicts related to abandonment, neglect, and aggression toward animals within the urban wildlife population, thus guaranteeing their well-being and safety.