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Displaying 11 - 20 of 43
| Title | Citation | Summary | Type |
|---|---|---|---|
| Solicitud de Atracción 249/2023. Caso Elefante Ely. Ciudad de Mexico | Solicitud de Atracción 249/2023 | This is a writ of Amparo on behalf of Ely, a 38-year-old female African elephant that lived in a circus before being relocated to the San Juan de Arago Zoo in 2012. In this instance, a concerned citizen and activist affiliated with the Association "Opening Cages, Opening Minds" ("Abriendo Jaulas, Abriendo Mentes") filed an Amparo petitioning the authorities in Mexico City to take necessary actions for the relocation of Ely from the zoo to a sanctuary in Brazil. The petitioner asserted that Ely had endured abuse from a young age during her 25-year tenure in a circus, and was currently experiencing deprivation of freedom at the zoo. Ely is solitary and grappling with skin and nail injuries, infections, and ailments such as dermatitis and hyperkeratosis. The petitioner further argued that Ely was suffering from issues in one of her limbs due to an old fracture and jaw problems stemming from the use of a handling hook during her circus days, among other concerns. Moreover, the elephant's confinement in a cement enclosure has compounded adverse effects on her physical and psychological well-being. Observations indicate distressing behavior including self-harm, such as eating her own feces, and striking herself with her trunk and against the fence. Ely also exhibited repetitive behavior attributed to inadequate mental, physical, social, and environmental stimulation. The treatment she has received is deemed a violation of ethical standards for animal respect and protection. The judge determined that Ely received appropriate and ample care at the zoo, where her enclosure adhered to the needs of her species. It was noted that she was receiving the necessary attention to address the chronic ailments stemming from her time in the circus. Consequently, the San Juan de Aragón Zoo fulfilled its obligation to protect and care for the elephant, addressing her physiological, behavioral, and health requirements and ensuring her overall well-being. Following the verdict, the zoo enlarged Ely's enclosure and introduced Gypsy, another elephant of similar size and age, to provide companionship for Ely. After pursuing various legal avenues without success, the complainant sought review from the Supreme Court of Justice, and the high court accepted the request. The Supreme Court will review the decision of the Fourth Administrative District court, which ruled for the zoo, finding that Ely was being kept in adequate conditions. | Case |
| Ley de Protección a los Animales de la Ciudad de México | Ley de Protección Animal | This law seeks to protect animals, ensure their welfare, and provide attention, good treatment, maintenance, lodging, natural development, and health. Furthermore, it aims to avoid mistreatment, cruelty, suffering, bestiality, and deformation of their physical characteristics, as well as to ensure animal health, public health, and the five freedoms of the animal. | Statute |
| Mexico - Humane slaughter - Norma Oficial Mexicana Nom-033-Zoo-1995 - Sacrificio Humanitario de los Animales Domesticos y Silvestres | Official Mexican Law Nom-033-Zoo-1995, Humane Killing of Domestic and Wild Animals | This law regulates the humane slaughter or anesthesia of farm, domestic, and wildlife animals. It contains detailed guidelines about methods allowed depending on the species and how to handle animals prior to slaughter or euthanasia procedures. For instance, this law mandates that all farm animals and wild animals slaughtered for human consumption are stunned, while companion animals must be sedated before euthanasia. It also contains provisions on emergency killing protocols for all species. Some prohibited methods include the use of substances that induce muscular paralysis without causing loss of consciousness and that cause death by suffocation, and the use of potassium chloride in any form to cause the death of animals since its administration causes severe pain and anxiety, followed by diastolic cardiac arrest in the conscious individual. However, its use is allowed on mega vertebrates, as long as the animal is under anesthesia and a veterinarian verifies this. Inducing hypothermia or using electricity for stunning, anesthesia, killing, and euthanasia of all reptiles is also prohibited. In addition, it is prohibited to kill rodents, lagomorphs, and small mammals by hypothermia and/or freezing, chest compression, strangulation, drowning, or other mechanical suffocation methods. Finally, it is prohibited to use trapping methods to kill wildlife. | Statute |
| Amparo en Revisión 163/2018 - Mexico | AMPARO EN REVISIÓN 163/2018 | This decision concerns the review of a writ of Amparo filed in 2016, which looks at the constitutionality of cockfighting and whether it should be considered a cultural practice. The President of the Mexican Commission for Cockfighting Promotion and Efraín Rábago Echegoyen filed a writ of Amparo with a District Court of Veracruz, Mexico, against the governor and Congress of the state of the same state. Plaintiff argued that a newly enacted state decree banning cockfighting infringed upon fundamental rights, including the right to culture, right to property, freedom of work, and the right to equality and non-discrimination. Despite the Plaintiff’s arguments, the District Court affirmed the decree’s constitutionality, which amended Veracruz’s animal protection law. Subsequently, the plaintiffs sought a review of the Amparo with the Supreme Court of Justice, which accepted the case and conducted a de novo review. In affirming the lower court decision, the judge used the proportionality test around the alleged violation of rights to culture, property, and freedom of work. The judge found that the defendant’s arguments had no legal basis. Regarding the right to culture, after an exhaustive analysis of the meaning of this right, the Supreme Court stated that cockfighting did not constitute a violation of this right. The court recognized that this practice was a cultural tradition. However, the question was whether such cultural manifestation was protected under the Constitution. In the case of cockfighting, the cultural expression did not directly affect humans, but rather the animals used and, to the high court, cockfighting was not covered by the right to participate in a cultural life. The court stated that culture is not admirable because it is traditional, but when it carries values and rights that are compatible with human dignity and mutual respect with other humans and nature. This means that the right to culture is not absolute, and, in fact, it is limited. Therefore, “any practice that involves the abuse and unnecessary suffering of animals cannot be considered a cultural expression protected by the Constitution. Regarding the right to property and the right to work, the court stated that these constitutional rights were not absolute and that their scope was limited by public interest. The right to work, in particular, was limited to the legality of the activity, the rights of third parties, and the rights of society in general. In weighing these rights, the court concluded that animal protection was a legitimate reason to limit fundamental rights, in particular, of the plaintiffs in this case because animal welfare is a purpose that is compatible with the purpose of a constitutional democracy. In other words, even though animals are not subjects of rights, their well-being is a legitimate limitation to some human rights. Cockfighting is a practice that inflicts severe physical harm on these birds, typically culminating in the death of at least one of the animals. Due to the nature of this practice, the court deemed that prohibition was the appropriate measure to safeguard the welfare of these animals. | Case |
| Ley Ambiental de Protección a la Tierra en la Ciudad De México | Ley Ambiental de Protección a la Tierra | This law aims to achieve several objectives, including the preservation and restoration of ecological balance, the prevention of environmental harm, and the promotion of sustainable development. This sustainable development approach is intended to foster economic advantages and support various social activities. Article 2.V establishes that one of the cases in which this law would be applied In the conservation, protection, and preservation of flora and fauna under the jurisdiction of the Federal District. In addition, Article 4.IV deems the prevention and control of environmental pollution in the air, water, and soil, along with the protection, restoration, and responsible utilization of vital natural elements and habitats essential for preserving and promoting biodiversity, as matters of public utility. | Statute |
| Mexico - Cruelty - La Ley General de Equilibrio Ecológico y Protección al Ambiente | General Law of Ecological Balance and Environmental Protection | This law focuses on the sustainable use of the environment and wildlife, the preservation and restoration of the ecosystems. It seeks to protect the national biodiversity and establish and manage protected areas. It establishes that, to protect and sustainably use the flora and fauna, it is important, among other things, to encourage dignified and respectful treatment of animals to avoid cruelty against them. Moreover, it establishes that it is the duty of the federal government, the states, and the municipalities within their respective power to regulate the dignified and respectful treatment of animals (arts 78-79). The regulation of this treatment must be based on the following principles: (1) provide animals with enough water and food in order to keep them healthy and healthy; (2) provide animals with an adequate environment for their rest, movement, and space according to the species; (3) provide animals with adequate veterinary care and, in case of illness, provide prompt veterinary treatment; (4) allow animals to express their natural behavior; and (5) provide animals with adequate treatment and conditions to guarantee their well-being. | Statute |
| Amparo Directo D.A.- 454/2021 - Mexico | DA 10417/2021 | The administrative tribunal in Mexico City recognizes companion animals as family members, protected under Article 4 of their Constitution. Citing the Supreme Court of Justice, the tribunal stated that there are different types of families that are protected constitutionally, which includes some families that consider domestic animals their members. This is the decision to an Amparo against a resolution issued by the Institute of Administrative Verification (Instituto de Verificación Administrativa) holding that the owner of a pet boarding facility providing grooming and training services lacked the land use permits to have the commercial establishment. The owner of the pet boarding argued that she would only use 20% of her home for these purposes. After citing comparative law from countries such as Spain, Colombia, and Brazil, the court stated that “currently pets are considered sentient beings that are also part of the family nucleus and require attention and care. Therefore, the service provided by the Amparo promoter has become necessary for people or families also made up of domestic animals, who are looking for a place [to] care for their pets when they are away from their home for a long time” and, as such, these types of families ought to be considered by the authorities. The court stated that domestic animals “play a role of protection, support, company, affection, and care towards humans. Even the reciprocal attachment relationship between people and domestic animals is clear in multispecies families because they are treated as part of the family. They are, in a few words, members of it. Hence the name multispecies or interspecies family.” | Case |
| Código Penal para el Estado de Querétaro | Código Penal para el Estado de Querétaro | Queretaro's Criminal Code was enacted in 1987. Chapter II, articles 189 – 190 TER of this code regulates the crime of rustling and imposes up to 16 years of imprisonment on whoever commits this crime. Title VII talks about crimes against the environment and animals. Article 246-D BIS imposes 6 to 12 months of jail time to those who, with or without intention, commit acts of mistreatment against domestic animals or wild animals, causing them injuries, together with monetary fines and 90 days of community work. However, if any of the conducts mentioned above endangers the life of the animal or the functioning of their vital organs, the punishment imposed will be increased to up to 4 years, monetary fines, and 150 days of community work. If the animal dies, the punishment will be up to 7 years, monetary fines, and 1000 days to improve daily coexistence. One noteworthy aspect of this state is that even though the penalties imposed are some of the higher ones in the country, the law does not define welfare, cruelty, or mistreatment. Moreover, this code does not proscribe actions such as neglect, abandonment, or sexual conduct towards animals. | Statute |
| Resolución 063/2018 - Mexico | Resolución 063/2018 - Mexico | The Human Rights Commission of the state of Guerrero, Mexico (Comisión de los Derechos Humanos del Estado de Guerrero) is the administrative authority responsible for overseeing human rights violations and issuing public recommendations and complaints when such violations are attributed to state and municipal authorities and public employees (See Comisión de los Derechos Humanos del Estado de Guerrero). In response to a complaint filed by members of the civil association “Responsible Citizen,” a professor, and students from the Master’s in Law program at the Autonomous University of Guerrero, the Commission addressed concerns against the director of the Zoochilpan Zoo. The complaint alleged violations of the Rights of Nature (recognized in Guerrero’s constitution since 2014) and the right to a healthy environment due to subpar conditions in which the zoo housed its animals. The complainants requested an inspection of the zoo to corroborate the conditions in which the animals were kept, which negatively affected their physical and mental health. During the inspection, the Commission observed animals of diverse species cohabiting, a pond with dirty water, and animals living in small enclosures. In addition, the President of the Institute for Handling and Conservation of Biodiversity stated that the zoo did not meet the standards of the Association of Zoos, breeders, and aquariums (AZCARM). Recommendations were issued, citing substandard conditions such as underweight animals, dirty enclosures, and improper feeder placement. As a result of these inspections, the Commission concluded that the animals were housed in inadequate conditions, violating Art 43, fractions I, XI, and XVII of the state anti-cruelty law. Moreover, it noted that these conditions could impact the human rights to a healthy environment for both visitors and zoo staff. The Commission’s recommendations are as follows: (1) The Secretary of the Environment and Natural Resources of the State is advised to develop and implement the recommendations issued by the President of the Institute for the Management and Conservation of Biodiversity and the General Attorney for Environmental Protection to guarantee the respectful and dignified treatment of the exhibited animals, their protection, and health, and to provide a healthy environment to humans; (2) The Commission recommended ongoing training for the zoo’s staff to cultivate a culture of protection and the dignified, respectful treatment of exhibited animals. This measure also aligns with the protection of the Rights of Nature, acknowledging animals as integral parts of it; (3) The Zoo Director is advised to implement both legal and administrative measures to ensure their animals’ dignified and respectful treatment. This included developing a budget that allocates funds for creating the necessary infrastructure, providing adequate food, and establishing optimal health conditions. These measures would allow wildlife to live in conditions similar to those of their species. | Case |
| Ley de Protección para la Fauna en el Estado de Chiapas | Ley de Protección para la Fauna en el Estado de Chiapas | The Wildlife Protection Law in the State of Chiapas primarily emphasizes the protection and responsible use of "fauna" to ensure the welfare of both wild and domestic animals. Noteworthy provisions of this law include the prohibition of circuses, animal fighting, and the use of animals for teaching purposes and experiments at all educational levels throughout the state, except for higher education levels when such practices are necessary for their educational objectives. This law also defines "animal cruelty" as suffering, torture, or mistreatment. | Statute |