Colombia

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Derechos de los animales en Colombia: una lectura crítica en perspectiva ambiental Animal rights are commonly understood as an expression of the rights of nature. However, both are in open contradiction, due to the complex interactions of ecosystems and the place of fauna in them, poorly understood by the generators of animal law rules, because in those animal suffering is inherent. The rights of animals in Colombia are not an expression of the rights of nature, on the contrary, they undermine them, and hinder the consolidation of an environmental right aligned with social justice and that puts the survival of ecosystems at the center. The above, because animal law outlaws critical ecological processes, gentrifies environmental law, promotes an artificial binary between fauna and flora, contradicts certain forms of climate action, hinders conservation, stigmatizes cultural diversity, agency class discrimination, prevents the control of invasive species, generates a protection deficit for other kingdoms of life, like the vegetable and the fungi, and promotes a transition from anthropocentrism to a kind of zoocentrism (article in Spanish).
Legal Framework of Bullfighting and Societal Context in Colombia 2023 Update: Despite the efforts of animal activists and members of congress, six bills being introduced in the past six years, and many unconstitutional lawsuits, the legal status of bullfighting in Colombia remains the same. Bullfighting is allowed in those municipalities where it is a culturally-rooted tradition. Moreover, Local governments of cities and municipalities that meet this requirement do not have the authority to prohibit bullfighting or to modify the conditions under which they take place. Large cities such as Bogota, Manizales, and Cali meet these criteria. Therefore, bullfights are allowed to take place in them despite the opposition of the local governments. The Constitutional Court’s precedent establishes that as a cultural tradition, bullfighting is constitutionally protected, and congress is the only one that can regulate or prohibit this practice (see Sentencia C-041, 2017; Sentencia C-666, 2010; and Sentencia C-889 de 2012). The national bullfighting statute, enacted in 2004, is still valid.

This essay provides an overview of the current situation and the legal framework regarding bullfighting in Colombia. The Spanish conquest of Latin America dramatically transformed cultural practices. Spanish heritage was brought with the colonization of the South American countries and with it the cultural practices of bullfighting that carries a strong element of tradition in the Hispanic culture. The evolution of laws and court decisions regarding bullfighting have been dramatically altered in recent years. Today, the position of the Colombian Constitutional Court is aimed at the abolishment of the practice. However, the Colombian Congress’ position regarding bullfighting is not as clear. Tradition has been one of the main arguments in the justification of bullfighting. However, it is important to understand that the current debate focuses on whether bullfighting should be regulated or abolished.
Sentencia 10013-103027-2023-00229-00 (0327) This is the case of “Simona,” the dog in a family that went through a divorce in 2021. The husband, acting as the plaintiff, filed a lawsuit in the third Family Court to establish a visitation arrangement for their beloved companion, “Simona,” who lived with his ex-wife. The plaintiff argued that Simona was an integral part of their family and that both Simona and him had been emotionally impacted since the separation, as the defendant contended that visitations were distressing for Simona. The plaintiff further contended that Simona used to sleep with him and watch movies, but since she could no longer do so, Simona had become depressed and refused to eat. The family court dismissed the case, stating that it fell under the civil court’s jurisdiction. The Superior Tribunal of Bogotá resolved the jurisdictional conflict between the third Family Court and the twenty-seventh Civil Circuit Court.
Sentencia 25000-23-24-000-2011-00227-01(AP) Update: on December 12, 2014, the State Council's Fourth Chamber invalidated the Third Chamber's decision by revoking defendant's license to capture monkeys on the Amazon. This decision resulted from a "Tutela" filed by the defendants arguing procedural and substantive errors. In its decision, State Council stated that the Third Chamber, Subsection C, had violated the fundamental rights to due process and scientific investigation. Therefore, defendants are allowed to hunt and capture night monkeys in the Amazon so long as they meet the requirements and conditions for granting such licenses established in Resolutions 028 of May 13, 2010, and 0632 of June 29, 2919. This case concerns the monkeys used in scientific research in the Colombian Amazon to create a malaria vaccine.
In 2012, plaintiff, a primatologist, raised before the Administrative Tribunal in Cundinamarca a series of irregularities incurred by the defendant in the capture and treatment of night monkeys (Aotus vociferans). Through a popular action (A constitutional mechanism to protect collective rights), the plaintiff argued that the defendants were violating collective rights such as administrative morality, the existence of ecological balance and the management and rational use of natural resources, and public safety and health. The defendant, "Fundación Instituto de Inmunología de Colombia" (FIDIC), is a scientific institution dedicated to research and scientific study for creating and developing chemically synthesized vaccines. Manuel Elkin Patarroyo, the Director, is a renowned Colombian scientist and the creator of the first vaccine against malaria accepted by the World Health Organisation (WHO). Patarroyo had a license to hunt and capture 800 primates of this species per year for his research against malaria. In her complaint, plaintiff alleged that Patarroyo was illegally trafficking monkeys from Brazil and Peru to Colombian territory, as there was evidence that they were using monkeys from across the border with these countries without complying with legal importation requirements. Furthermore, the plaintiff argued that the defendant was experimenting on monkeys of a different species (Aotus nancymaae) found in Peru and Brazil, for which they did not have the corresponding license. Plaintiff also alleged that specimens of both species were acquired by paying members of native indigenous groups, who captured the animals without permit or supervision from respective authorities. In addition, the plaintiff alleged that governmental authorities did not perform inspections, and there were no records of how many specimens were being used and how they were being treated. Finally, the plaintiff alleged that the defendants released surviving monkeys infected with malaria back into the wild once they were of no use to the laboratory, ignoring the risks that this posed to the ecosystem and indigenous communities. The Administrative Tribunal in Cundinamarca ruled in favor of the plaintiff, revoking the defendant's permit to capture monkeys in the Amazon. Defendants appealed the decision before the Third Chamber of the State Council, which affirmed the revocation of the license. The State Council stated that the defendants had violated the collective rights and affirmed the license revocation to protect the collective rights of wild animals, particularly of the Aotus Vociferans monkeys. This ruling suspended the investigations and ordered disciplinary investigations against the governmental authorities that issued the license. In affirming the tribunal's decision, the court stated: "To the Colombian legislator, animals and plant species (for example, forests, the Amazon, páramos, water sources, resources, etc.) are subject to rights. Therefore, through popular action, any person can request their protection by acting as an unofficial agent of these entities without it being possible to acknowledge that it is a collective-subjective right belonging to society. On the contrary, it is about the express recognition by the Constitution and the Colombian legislator of attributing value in themselves to animals and plant species, for which, in each specific case, the judge must make a judgment by weighting competing interests" (...) "humans can use animals for survival, company, research, work, or recreational activities, but without violating the rights that assist them."
Sentencia C-041, 2017 Sentencia C-041 is one of the most important court decisions on bullfighting. On this occasion, the court held unconstitutional Article 5 of Ley 1774 of 2016 that referred to the Article 7 of the Statute of Animal Protection. Article 7 contains the seven activities that involve animals for entertainment that are exempted from the duty of animal protection. The practices permitted correspond to rejoneo, coleo, bullfighting, novilladas, corralejas, becerradas and tientas (all variations of bullfighting), cockfighting and all the related practices. Even though the court held that the legislature had fallen into a lack of constitutional protection towards animals, and stated that bullfighting was cruel and inhumane, it deferred the effects of its sentence and gave Congress a two-year period to decide whether bullfighting and the other exception established in Article 7 of the Statute of Animal Protection will continue to be legally allowed. If after this period, the Congress has not legislated on the matter, decision C-041, 2017 will take full effect and bullfighting along with all the practices established in Article 7 will be considered illegal.
Sentencia C-045/19 This Constitutional Court's decision declares sport hunting illegal in the entire territory. In its reasoning, the court stated that sport hunting is not an exception to the duty to protect animals against cruelty, as it does not satisfy any objective or purpose compatible with the Constitution. "It is not an expression of religious freedom, nor intended for food or medical or scientific experimentation. It is not done to control the species population and is not a deeply rooted cultural manifestation."
The court further stated, "The sacrifice of an animal by humans is an extreme form of mistreatment as it eliminates its very existence and is an act of annihilation. When it is unjustified, an animal's death is cruel because it means understanding that the animal is exclusively a resource available to humans. Sport hunting, in short, is a harmful act insofar as it is aimed at capturing wild animals, either by killing, mutilating or catching them alive."
"What happens here is an example of how the content and scope of constitutional norms adapt to a changing society. It is about the concept of a Living constitution, in which its scope and content take shape with the political community's economic, social, political, and cultural changes."
Other forms of hunting, such as subsistence hunting, hunting for scientific and research purposes, and controlled hunting, continue to be allowed under the circumstances delineated by laws and regulations and with prior authorization of the natural resources managing authority.
Sentencia C-115/06
Sentencia C-1192, 2005 Decision C-1192/05 decides on a claim of unconstitutionality against Articles 1, 2, 22 and 80 of the Taurine Regulatory Statute ley 916 of 2004. In this occasion, the court upheld the constitutionality of this law confirming bullfighting as an artistic expression allowed by the Constitution: “A manifestation of Colombia’s diversity, as intangible good that symbolizes one of the many historical-cultural traditions of the Nation.” The Court stated that since bullfighting is a cultural manifestation of the nation, children do not need to be protected from this practice. The Court believes “children should be provided the opportunity to attend these events so that they can learn and judge for themselves if bullfighting is an art form, or an outdated violent practice. For that reason, the statute does not violate the fundamental rights of children. The court also held that bullfighting is not part of the interpretation of Article 12 that corresponds to the prohibition of torture. The text of the norm speaks about violence and cruel treatment as an “anthropological vision of the human being” the court asserts. With this decision, the Constitutional Court affirms that animals, in this case bulls, are not entitled to any rights. The court considered tradition and culture of a higher value than animal protection.
Sentencia C-148, 2022 In this opportunity, the Colombian Constitutional Court deemed national recreational fishing regulations unconstitutional three years after banning recreational hunting. Specifically, the Court determined that provisions pertaining to this matter, contained in the Code of Natural Renewable Resources, the General Statute of Animal Protection, and the Fishing Statute, violated the government's constitutional obligation to protect the environment, the right to environmental education, and the prohibition of animal cruelty. The Court recognized constitutional limitations on the prohibition of animal cruelty that were based on religious freedom, eating habits, medical research and experimentation, and deeply rooted cultural manifestations. Consequently, the Court held that fishing for recreational purposes was a cruel practice that did not fall within any of these exceptions.
Sentencia C-148/22 - Colombia Attorney Gabriel Andrés Suárez Gómez filed an unconstitutionality complaint with the Constitutional Court, arguing that recreational fishing violated the precautionary principle, the right to a healthy environment, and the prohibition of animal cruelty. Following the precedent created with C-045, 2019, prohibiting sport or trophy hunting, the Colombian Constitutional Court held on May 2, 2022, that the provisions concerning recreational fishing contained in various national laws were unconstitutional, effectively banning this practice in the entire territory. The court found that fishing for the sole purpose of recreation without any other relevant purposes like commercial or sustenance constitutes a form of animal abuse. Specifically, the court emphasized that the mandate of animal protection stems from the principle of the ecological constitution, the social function of property, and human dignity. Moreover, it was pointed out that, in this context, both the Legislature and the Court have previously recognized all animals as sentient beings. The court held that while it is not possible to define with absolute certainty the harmful consequences of recreational fishing in terms of conservation and animal welfare principles or the degradation of hydrobiological resources, there is relevant scientific information that must be considered to avoid harmful effects on fish and the habitat. Regarding animal sentience, after an exhaustive analysis, the court emphasized that there are compelling reasons to consider that fish can feel pain, and the mandate of animal protection requires treating sentient beings with dignity. Similarly, according to the FAO, there is currently no method capable of fully eliminating the mistreatment of fish, and there are environmental impacts that must be seriously considered alongside the economic benefits proposed in favor of recreational fishing. This situation led the Constitutional Court to activate the precautionary principle. The court held that there is a duty to protect animals, which implied a prohibition of animal cruelty. This duty protects both the ecosystemic balance and individual sentient animals with intrinsic value. This protection is differentiated and weighted based on the type of species involved, whether domestic or wild. Moreover, the duty of animal protection carries an indisputable binding effect, requiring assessments of reasonableness and proportionality in its application by both legislators and judges. After an extensive analysis of the positive and negative effects that the prohibition of this activity would carry out, the court concluded that recreational fishing constitutes a form of animal cruelty that violates the right to a healthy environment, specifically the prohibition against animal cruelty in accordance with laws and constitutional jurisprudence that lacked constitutional support as it is not grounded in constitutionally permissible limits for animal mistreatment, such as (a) religious freedom; (b) dietary habits; (c) medical research and experimentation; and (d) deeply rooted cultural practices. Considering the interests of those affiliated with the activity, who would be significantly impacted by the invalidation of the laws subject to this opinion, and who have been conducting activities under laws previously deemed constitutional, the court decided to defer the effects of the decision for one year. This was with the purpose of allowing those adversely affected by it to adapt to the new circumstances.

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