Summary
On June 28, 2024, the Peruvian judicial system granted rights to the Andean fox, named “Run Run”. The Supreme Court of Justice of Lima, Third Constitutional Court ruled that the state must respect the rights of nature, including animals, who are entitled to differentiated protection, and granted Run Run his autonomous rights. It is the first ruling to recognize rights to animals in Peru and the second non-human entity (after the Marañon River case) to be recognized as having rights through jurisprudence.
The case of the fox “Run Run” began when the wild Andean fox was illegally adopted as a pet and later escaped from its owners’ home in Lima. The fox was captured and transferred to a zoo. However, no measures were taken to reintegrate the wild Andean fox into its natural habitat – leading to allegations of rights violations. The lawsuit was initiated by the Peruvian Institute of Legal Advice for the Environment and Biodiversity (Ipalema) against the National Forest and Wildlife Service for his release in 2022, and the decision came in June 2024.
The court reasoned that animals, like humans, are sentient, thinking, and conscious beings, and should be respected and protected under the law. As such, Run Run was provided protection, rights, and autonomous guardianship as a “member of nature,” derived from the concept of rights of nature. This decision is based on the theory of sentient beings, which recognizes animals as capable of experiencing feelings and possessing intrinsic dignity. However, the protection of animals based on animal welfare, and because they are sentient, does not imply granting rights. Therefore, the regulatory framework of the Rights of Nature was crucial in this decision, which allows non-human beings to have rights.