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Displaying 1 - 10 of 29
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Causa Rol C-1533-2021, 2022 - Bambu & Igor- Chile | Causa Rol 1533-2021 | Las partes mantuvieron una relación durante la cual adoptaron dos perros, Igor y Bambú. Con el tiempo, la pareja se separó y discreparon sobre qué hacer respecto a la custodia y propiedad de los perros. El demandante interpuso esta demanda después de que la demandada le prohibiera ver a los perros y solicitó que se le reconociera como copropietario con todos los derechos sobre los mismos. El tribunal aplicó una prueba de tres partes para poner fin al goce gratuito de los perros por parte de la demandada, en la que decidió que el demandante tenía derecho a la propiedad en comunidad con la demandada. Para ello, el tribunal analizó aspectos del lugar que ocupan los perros en el contexto jurídico, como su condición de propiedad y los únicos vínculos afectivos que se establecen entre el propietario y la mascota. | Case | |
| Chile - Cruelty - Ley 20.380 | Ley 20.380 | The animal protection statute applies to all animals and strengthens the penalties established in the criminal code for animal cruelty. Under this statute, animals are sentient living beings, that are part of nature. They must be treated respectfully and unnecessary pain must be avoided. Every person that owns an animal must provide food and shelter that is adequate to their minimum needs, and must not restrict their freedom of movement in an unnecessary manner. This is true especially if it causes suffering or if it alters the normal development of the animal. Some important aspects of this law include the establishment of the duty to teach children in schools to protect and respect animals. It prohibits animal experimentation in schools and regulates the production of livestock (confinement, breeding, transport, and slaughter). The livestock service (SAG) oversees the compliance of this law during the production of livestock, and the handling of animals by zoos, circuses, and veterinary centers. However, violations of the dispositions of this law carry out monetary fines only. | Statute | |
| Chile - Transport, animals - Decreto 30 | Decreto 30 | This "Decreto" or executive order contains welfare standards for animals during transport. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 29, 2013. Under this decreto, cattle cannot be transported in conditions that could cause unnecessary pain and suffering. However, there are no limitations regarding the number of animals that can be loaded, and animals can be transported without food, water, and rest for up to 24 hours. if it is impossible to unload the animals, the carrier must ensure that animals are provided food and water. | Statute | |
| Chile - Cruelty - Animal Protection Act (in Spanish) | Ley Nº 20.380 - Ley sobre protección de animales. | Diario Oficial Nº 39.477, 3 de octubre de 2009, págs. 3-5 | Ley 20.380 is the is the Chilean Animal Protection Statute. It recognizes animals as living beings and establishes the norms for the “recognition, protection and respect of animals” in order to avoid unnecessary pain and suffering. This law punishes animal cruelty with imprisonment of up to 3 years. Labs, zoos, circuses, and other establishments that keep animals for exhibition and entertainment are allowed, so long as they have the adequate facilities according to the species and adequate safety for people. Animal experimentation in schools is allowed under this law. Rodeo, rein-back and equestrian sports are excepted from provisions of this law. | Statute |
| Sentencia caso elefante Ramba - Chile (2013) | Sentencia caso elefante Ramba | Ramba was known as the last circus elephant in Chile. She was an Asian elephant that spent 40 years of her life alone, being forced to perform. Her owner was found guilty of animal mistreatment and was sentenced to 100 days in jail and to pay a fine of 10 monthly tax units (UTM). Ramba was forced to perform difficult tricks and was not provided medical care. In addition, she was kept chained in a small enclosure without adequate space, temperature, or enrichment. Ramba was officially “confiscated” in 1997 due to abuse and neglect. However, she remained with the circus but was not allowed to perform. She was removed from the circus and temporarily relocated to "Parque Safari in Rancagua" in 2011. In 2019, Ramba was relocated to Global Sanctuary for Elephants in Brazil. Unfortunately, Ramba died a few months later after arriving at the sanctuary due to kidney disease. | Case | |
| Chile - Fishing - Ley 430, 1991 | Ley 430, 1991 | This is the general law of fisheries and aquaculture. It establishes the guidelines for the preservation of hydrological resources, extractive fishing activities, and research activities in terrestrial waters, sea beaches, inland waters, territorial seas, exclusive economic zones, and adjacent areas. This law also regulates transformation and processing fishing activities and storage, transportation, or commercialization of hydro-biological resources. | Statute | |
| Judgement Rol N°7880-11, Donnkan and Káiser - Chile | Judgement Rol N°7880-11, Donnkan and Kaiser - Chile | Judgement Rol N°7880-11, Donnkan and Kaiser - Chile | Defendant was found guilty of animal cruelty for killing Donnkan y Kaiser, two German Shepherds that were attacking a calf belonging to defendant's neighbor. The lower court sentenced him to 21 days of imprisonment and, suspension from public office during this time, and a fine of two monthly tax units. Defendant appealed, but the appeal was rejected. However, he was granted a suspended sentence. This decision talks about the victims of animal cruelty. The court states that under the criminal code, victims are those offended by the crime. "Although it is true that it can be considered that much progress has been made in the legal protection of animals and, fundamentally, in the protection of those, it has not come to be considered that they have the quality of victims as such of a criminal act because they are not people, and continue to be controlled by human beings who, as their owner, is the one who can be considered the victim." | Case |
| Chile - Slaughter - Decreto 28, 2013 | Decreto 28, 2013 (1051388) | This "Decreto" or executive order contains the regulations for the protection of animals that are used for meat, leather, feathers, and other byproducts by imposing the use of rational methods to avoid unnecessary suffering during technical procedures and slaughter. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 29, and 30, 2013. Animals must be stunned by the use of adequate methods that minimize their suffering before slaughter, and the animal must remain insensible until death. Article 24 exempts ritual slaughter. | Statute | |
| D. Sociedad Protectora de Cocheros de Viña del Mar y otros con Ilustre Municipalidad de Viña del Mar - Chile (2015) | 491-2015 | The ‘Sociedad Protectora de Cocheros de Viña del Mar’ and the owners of ‘Coches Victoria’ filed a complaint or ‘acción de protección’ against Viña del Mar and its Mayor, arguing that municipal decree Nº 11.349, 2014 and the ordinance for the transportation of Passengers in Victoria carriages in Viña del Mar were arbitrary an illegal. The plaintiffs requested the modification of many clauses of the ordinance such as those related to the restriction of schedules and routes, the social evaluation of carriage owners, the requirement of specific technical characteristics for carriages, and the limitation on the number of carriages that a person could own. The Plaintiffs argued that the clauses affected the general interest of the community and the rights of the plaintiffs and their families such as the right to equality, the right against discrimination in the economy, the right to physical and emotional integrity, the right to privacy, and the right to property. The city argued that the statute of limitations had already expired, and that additionally, it had the authority to regulate transportation. Furthermore, the city stated that the ordinance was enacted with the purpose of improving passenger safety and the well-being of the horses. The court ruled in favor of the city, upholding its authority to regulate transportation and finding that the ordinance did not violate any of the constitutional rights alleged by the plaintiffs. Therefore, the ordinance was upheld. | Case | |
| Chile - CITES - Decreto 141, 1975 | Decreto 141, 1975 | Approves and adopts the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ratified in Washington, March 3, 1973. | Statute |