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|Tutela caso Clifor|
|Sentencia T-760, 2007||The Plaintiff brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) against Corporación Autónoma Regional de Caldas ‘CORPOCALDAS’, arguing that ‘CORPOCALDAS’ had violated the fundamental rights to health, personal integrity, life and human integrity of the Plaintiff’s wife, who became severely depressed when the Defendant confiscated an amazonian parrot she kept as her pet. The Plaintiff argued that the parrot was the only company the Plaintiff’s wife had for over five years, and that the confiscation of their parrot, was a violation of the Plaintiff's wife's fundamental rights. Furthermore, the Plaintiff argued that his wife was 65 years old, had raised the parrot that was never abused or neglected and who was allowed to move freely as her wings were never trimmed. The Plaintiff sought the the return of the parrot by the environmental authority ‘CORPOCALDAS’ to his wife, as well as the granting of the parrot’s title to her. The Court was able to find that the Plaintiff’s wife’s health was indeed diminished after the confiscation of the bird and the she had to undergo treatment as a result of it. However, the court found that the Plaintiffs were unable to provide evidence tending to prove that they had acquired the animal in a legal manner, as no permit, hunting license, or evidence that the parrot was obtained from a legal breeder were provided. The court determined that CORPOCALDAS did not overstep its responsibilities, as it is its duty to protect the wild fauna of the nation. Touching on the issue of whether the the fundamental rights of the plaintiff had been violated, the court concluded there was not such violation, as the environmental authority’s action was legal, reasonable, necessary and legitimate, and the Plaintiff did not obtained the parrot in accordance with the requirements legally established. In this case, the collective right to a healthy environment prevailed over the personal interest of the Plaintiff. The Constitutional Court affirmed the judgment of the ‘Juzgado Segundo Laboral del Circuito de Manizales’.|
|Sentencia T-622, 2016||
This is not a judicial decision that touches on animal welfare issues. However, it is important to mention as the Constitutional Court granted for the first time the status of legal person to a river. The Plaintiff, ‘Centro de Estudios para la Justicia Social “Tierra Digna”’ brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) in representation of various community councils of the Atrato region in the Colombian Pacific against the Presidency of the Republic and others. The basin of the Atrato river covers and area of about 40,000 KM2 (15,444.086 sq mi) It is considered one of the highest water yields in the world. There are many ethnic communities that live in the adjoined municipalities that include Afro-Colombian communities, indigenous communities and mixed communities that obtain their sustenance from activities such as artisanal mining, agriculture, hunting and fishing by this river. The water of the river is also used for direct consumption. The Plaintiff alleged that the contamination of the river is a threat to the health of the communities that use the river as a source of work, recreation and to obtain food. The Plaintiffs sought that the court stop the large-scale and permanent use of illegal extraction methods of minerals such as gold and platinum. Additionally, logging that includes the use of heavy machinery and highly toxic substances such as mercury and cyanide as well as other toxic chemicals used in mining of the Atrato river. They argued that the illegal mining in the Atrato river was resulting in harmful and irreversible consequences on the environment, affecting the fundamental rights of ethnic communities that live in the area and the natural balance of the territory. For these reasons, the Plaintiffs asked the court to declare protection of the fundamental rights of the ethnic communities: life, health, water, food security, a healthy living environment, to culture and to the territory, by ordering the implementation of structural changes. The lower courts denied the action of ‘tutela’ in first and second instance, arguing that the Plaintiff sought the protection of collective rights, rather than fundamental rights. Therefore, this constitutional mechanism was not appropriate. After holding that the action of ‘tutela’ was the appropriate mechanism for the protection of the fundamental rights of the ethnic communities, the court established in its ruling that the right to water was a fundamental right, as it is a necessary component to the right to a dignified life, and it is essential for many organisms that inhabit the planet to be able to survive. The use of mercury and other toxic substances in mining activities is prohibited, regardless the legality of the activity. In a new approach, the court held that the Atrato river is subject to rights that imply its protection, conservation and maintenance and instructs the national government to be the guardian and to exercise the river’s legal representation through the president or whichever he appointed, along with the ethnic communities that inhabit the basin of the river. Thus, it guarantees the Atrato river is represented by a member of these communities and a delegate of the Colombian government.
|Sentencia T-608, 2011||
The Plaintiff brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) acting as the legal guardian of her husband, who had spastic quadriplegia and mixed aphasia as a result of a severe cranioencephalic trauma, against Corporación Autónoma Regional de Caldas ‘CORPOCALDAS’. The Plaintiff argued that Corpocaldas had violated the rights to health and dignified life of her husband when the Defendant confiscated a parrot that was part of the Plaintiff’s rehabilitation treatment. The Plaintiff sought immediate restitution of the parrot by the Defendant. The court affirmed the decision of the lower court to deny the Plaintiff’s petition. The court determined that the confiscation of the parrot by Corpocaldas was reasonable and according to the law, therefore there was not a violation of the rights of the Plaintiff. The court stated that as wild animals belong to the nation and they can only be reduced to property when the are obtained through legal hunting or from legal breeders. In this particular case, the Plaintiff obtained the parrot as a present from her cousin, and she did not present evidence of title. The court concluded that the bird belonged to the nation, and therefore the environmental authority had acted in accordance to its duties. The court stated that even though there was a narrow relationship between the rights to health and life with the right to environment, the protection of the environment did not only aim to the protection of humans. The court indicated that the environment should be protected whether or not it offered a benefit to the human species. The rest of the beings that are part of the environment are dignified beings that are not at the absolute and unlimited disposition of the human beings. Humans are just another element of nature, and not a superior entity that has the environment at their disposition. Therefore, the use of natural resources should not cause damage or deterioration that could threaten diversity and environmental integrity, the court stated in its reasoning.
|Sentencia T-095, 2016||
In this decision, the court drew a line between the concept of animal welfare and the concept of animal rights. The court continues to see animal protection from a moral perspective when it states animals do not necessarily have rights, even though they should be treated with respect and should not be abused. The Plaintiff brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary, created for the sole purpose of protection of fundamental rights) against ‘la Personería Local of Fontibón’, the local Mayor’s office of Fontibon, the District Secretary of Health, the Zoonosis Center and the Distril Secretary of the environment of Bogota. The Plaintiff argued that these governmental entities had violated his fundamental right to petition and the right to animal welfare of twenty five dogs, when the authorities ordered the confiscation the canines that were located in the District Ecological Park of the Wetland of Capellanía and who were cared for by volunteers. The Plaintiff argued that the Defendants did not respond to his request to provide funds to build a shelter and provide food and veterinary assistance of the dogs or funds to relocate them. The Plaintiff sought a response from governmental authorities on the petition and to provide the funds to save the animals, thereby avoiding the Zoonosis Center to assume their care, who would euthanize the sick animals that were not adopted after five days of being up for adoption.
The lower court denied the protection of the fundamental right to petition, as it found that the authorities responded to the petition of the Plaintiff in a clear and timely matter by denying the request to fund the Plaintiff to relocate the dogs or build a shelter for them. In regards to the right to animal welfare, the lower court considered it was a legal rather than a constitutional issue, therefore the action of ‘tutela’ was not the appropriate mechanism as its purpose is to guarantee the protection of fundamental rights.
The court held that there was a constitutional duty of animal protection that derives from the duty to protect the environment. However, this duty to guarantee the well-being of animals as sentient beings is not absolute and may be subject to exceptions. The court determines that the mandate to protect the environment, which includes sentient beings, does not translate into a right to animal welfare, and for that reason such duty is not enforceable through an action of tutela. The duty to protect animals presumes an obligation to care and prohibits maltreatment and cruelty against animals, unless these actions come from one of the limits stipulated in the constitution. The court affirmed the lower court decision to deny the protection to the right to petition and declared the inadmissibility of the action of tutela for the protection of animal welfare.
|Sentencia de Tutela Juzgado 3 de Bucaramanga de 25 de julio de 2017||
This is the first time an animal, more specifically a dog, filed a lawsuit seeking that the government grant protection for the dog’s rights to life and health. The judge denied the action of "tutela" filed by the dog ("Negro") based on the definition of person given by the civil code. As a result, the judge concluded that "Negro" was not a person and therefore was not entitled to have rights. However, there is a possibility that the Constitutional Court on appeal will grant the plaintiff the rights he is seeking based on Decision T-622 de 2016, where the court declared that a river was subject to rights that guarantee its protection, conservation, maintenance, and restoration, and that the government was the main guarantor of these rights.