Results
Title |
Author | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|---|
| European Union - Farming - Directive for Protection of Animals | Official Journal L 221 , 08/08/1998 P. 0023 - 0027 | COUNCIL DIRECTIVE 98/58/EC | This Directive lays down minimum standards for the protection of animals bred or kept for farming purposes. | Administrative | ||
| Excerpt Criminal Code of the State of Coahuila - Mexico | CÓDIGO PENAL DE COAHUILA DE ZARAGOZA | Excerpt of Coahuila's Criminal Code concerning title ten "of the crimes against animals that affect the right to a life free from violence." The criminal code of the state of Coahuila establishes the duty to respect all vertebrate non-human animals that are not considered a "pest" according to the law. It establishes penalties ranging from one to three years plus monetary fines in addition to the confiscation of all animals under the care of the person found guilty of committing animal cruelty crimes These acts include: mistreating a working animal by the use of instruments that cause unnecessary pain and suffering; practicing animal vivisection for purposes that are not scientifically necessary to preserve human life or health; and mutilating any part of the body of a living animal or perform surgery on it, without providing anesthesia. Under the Criminal Code, activities such as zoophilia and animal fighting in public or private settings are also prohibited. Veterinarians, caretakers, and people involved in commercial activities involving animals may, in addition to the penalties established in this code, be subject to suspension or disqualification for a period of one to five years from employment, position, profession, trade, authorization, license, commercialization, or any circumstance under which the crime was committed. | Statute | |||
| Excerpt Federal Criminal Code of Mexico | Código Penal Federal de Mexico | This excerpt contains the provisions of the Federal Code of Mexico within "Crimes Against the Environment and Environmental Management." It contains a dedicated chapter to biodiversity, where it gives special protection to wildlife. It does not mention protection of domestic animals. However, it contains provisions prohibiting dog fighting (Article 419 Bis). According to Article 1, this code applies to federal crimes committed within the country. | Statute | |||
| EXPANSION OF THE FLORIDA ANIMAL ANTI-CRUELTY STATUTE TO BETTER SERVE ANIMALS | Laura Wesolowski | Animal Legal & Historical Center | This paper will focus on animal use in transient, traveling exhibitions that do not have educational components. By nature, circuses, carnivals, and other traveling shows require the animals that are property to travel regularly and to perform for the public regularly. Researchers have found that this lifestyle is problematic for animals, in general, due to the living and traveling conditions that animals are subjected to as well as the pressures of performance of unnatural acts in unnatural environments. | Article | ||
| F. c/ Sieli Ricci, Mauricio Rafael s/ maltrato y crueldad animal | FUNDAMENTOS DE SENTENCIA Nº1927 | "Poli" was a mutt dog that was tied to the bumper of a car by the defendant and dragged at high speed for several miles. Poli sustained severe injuries as a result of being dragged by the car. After the incident, the defendant untied her and left on the road to die. The defendant was found guilty of the crime of animal cruelty, under "ley 14.346." the judge held that this law "protects animals as subjects of rights, and the defendant's conduct was not against an object or a "thing," but rather against a subject deserving of protection." The defendant was sentenced to 6 months of suspended imprisonment for the crime of "animal mistreatment and cruelty." In addition, the judge ordered the defendant to provide food weekly for the animals in A.M.P.A.R.A (The ONG that filed the police report), with the purpose of giving the defendant the opportunity to learn firsthand that “all animals in general, and dogs, in particular, are sentient beings, that have feelings, suffer, cry, and that their right to live, freedom, and integrity has to be respected…” this, with the purpose to prevent the defendant from committing animal cruelty crimes in the future. | Case | |||
| Fabrikant v. French | 691 F.3d 193 (C.A.2 (N.Y.), 2012) | 2012 WL 3518527 (C.A.2 (N.Y.), 2012) |
After multiple negative reports came in about the living conditions of her animals, an animal rescue organization seized many of the plaintiff-appellant's dogs; she was then charged with five counts of animal cruelty, but was later acquitted at a state trial. Subsequently, the plaintiff-appellant and her state trial attorney filed a federal civil rights suit against the animal organization and others. After losing at the district level, on the first appeal, and on remand from the first appeal, the plaintiff-appellant appealed the case for a second time. On this appeal, the Second Circuit held that though the animal organization was a state actor, it had qualified immunity, which protected it from the plaintiff-appellant’s charges. Additionally, the court held that investigator’s had probable cause to seize the dogs, which also defeated the plaintiff-appellant’s charges. The lower court’s decision was therefore affirmed, but for different reasons. |
Case | ||
| FAQ: Dogs Transported in Pickup Truck Beds | Rebecca F. Wisch | Animal Legal & Historical Center | This FAQ explores the few states that address dogs or other animals riding unsecured in the back of pickup trucks. | Article | ||
| Farm Sanctuary, Inc. v. Department of Food & Agriculture | 74 Cal.Rptr.2d 75 (Cal.App. 2 Dist.,1998.) |
Environmental group brought suit challenging regulation allowing ritual slaughter exception to statute requiring that animals be treated humanely. The Superior Courtupheld regulation and appeal was taken. The Court of Appeal, Masterson, J., held that: (1) group had standing to sue, and (2) regulation was valid. |
Case | |||
| Ferguson v. Birchmount Boarding Kennels Ltd. | 2006 CarswellOnt 399 | 207 O.A.C. 98, 79 O.R. (3d) 681 |
In August 2002, plaintiffs’ dog escaped while being exercised at defendant-kennel’s boarding facility. Birchmount appeals from the judgment claiming the court applied the wrong standard of care, and that the court erred in law in awarding the plaintiffs damages for pain and suffering. The reviewing court found that the evidence would likely have led to the same conclusion regardless of whether a “bailment” standard was used. Further, this court was satisfied that the trial judge did not err in law or in fact in making findings and in awarding general damages where there was evidence that the plaintiffs experienced pain and suffering upon learning of the dog’s escape. |
Case | ||
| Finland - Animal Welfare Decree | (396/1996, amendments up to 401/2006 included) | The Finnish Animal Welfare Decree intreprets certain sections of the Finnish Animal Welfare Act. It also contains provisions on animal premises, outdoor raising of animals for food production, care and treatment of animals, tying animals, breeding, food production, and killing animals. | Statute |