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Displaying 1 - 10 of 29
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| 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 | ||
| Overview of the Multispecies Family in Latin America | Catarina Viselli | Animal Legal & Historical Center | This overview discusses the emergence of the concept of the “multispecies family” in Latin American courts. It gives a brief explanation of the fundamental information that gave rise to the concept of the recognition of the multispecies family including its ties to both national and universal human rights. This paper then discusses and analyzes a compilation of some of the most landmark cases regarding multispecies families | Article | |
| 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 | |
| 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 | ||
| Corte Suprema Rol N°50.969-22 | Corte Suprema Rol N°50.969-22 | In July 2022, the Interspecies Justice Foundation filed the first writ of habeas corpus for a non-human animal in Chile. The petition urged the court to recognize Sandai, a 28-year-old orangutan to be recognized as a non-human person and subject of rights, and therefore, to end his captivity in Buin Zoo in Chile. The plaintiff argued that Sandai lived in conditions unfit for his species. One of the expert testimonies submitted to the court stated that “Sandai’s body language reflects a depressed, defeated, and vulnerable emotional and psychological state, which is normal if we consider the conditions in which Sandai is being kept.” The Chilean Supreme Court upheld the decision of the lower court denying the admissibility of the habeas corpus filed on behalf of Sandai. In dismissing the appeal, the court stated that the constitution in its article 19 refers to persons and that in accordance with the Royal Spanish Academy, persons are individuals of the human species. Therefore, Sandai does not meet the legal requirements to be protected under this legal mechanism. Thus, upholding the decision of the Court of Appeals of San Miguel on July 27. Furthermore, with the purpose of protecting the well-being of Sandai, the Supreme Court ordered the Livestock Service (SAG) to adopt all appropriate measures to guarantee that the Buin Zoo complies with the law, specifically attending to Sandai’s case, stating: “that the deprivation of his liberty does not cause him suffering and any other alteration of its normal development, verifying that they have the appropriate facilities for his species, avoiding all mistreatment and deterioration of his health”. | Case | ||
| Comprised of Love: Latin American Legal Perspectives on the Multispecies Family | Catarina Viselli | Animal Legal & Historical Center | This paper will discuss the emergence of the concept of the “multispecies family” in Latin American courts. The paper begins first by taking a broad overview of animal law in Latin America, giving a brief understanding of the fundamental information that gave rise to the concept of the recognition of the multispecies family. It then covers the basis of a multispecies family and its ties to both national and universal human rights. This paper then discusses and analyzes a compilation of some of the most landmark cases regarding multispecies families and their importance to animal welfare, natural protection, and human rights. It then provides a brief overview of several other landmark cases for further reading. Finally, it concludes with closing remarks regarding the overall impact of multispecies families’ legal recognition and its impact on up-and-coming animal law, as well as provides several sources for further information. | Article | |
| Chile - Wildlife - Decreto 531, 1967 | Decreto 531, 1967 (125338) | This Decreto ratifies The Convention for the Protection of Flora, Fauna, and Natural Scenic Beauty of the Americas, signed in Washington on October 12, 1940. | 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 - Sterilization - Decreto 2, 2015 | Decreto 2, 2015 | This Decreto lays out the regulations for the reproductive control of pets. Its purpose is to control the population of companion animals through the sterilization of these species. | Statute | ||
| Chile - Slaughter - Ley 21.3016 | Ley 21.3016 | This law modifies Law No. 19.162, increasing sanctions for violations of animal health regulations in slaughterhouses, and information falsification in the livestock and meat traceability system. This law increases monetary fees from 100 monthly tax units (UTM) to 500 UTM. In addition it adds a paragraph to artiicle 8 of Law No. 19.162 stating the following: "The person who, in an export process, incurs violations of this law related to animal health or traceability will be sanctioned with a fine of 100 to 1,000 monthly tax units and with the confiscation of the products. Additionally, they will be sanctioned with the prohibition of export between three to five years. In case of recidivism within the five years following the end of the prohibition, the conduct will be sanctioned with the perpetual prohibition to export. In the case of a legal person, the same sanction will fall on the natural person or persons controlling the said company and the other companies they control." | Statute |