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Displaying 1 - 10 of 43
Title |
Citation | Summary | Type |
|---|---|---|---|
| Tlaxcala |
This southwestern state is the smallest of the Mexican states. In 2022, Tlaxcala joined the vast list of states in Mexico that punish animal cruelty as a criminal offense. Before that, this state only had an animal protection law that was enacted in 2019. |
Policy | |
| 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 |
| 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 |
| Resolución 063/2018 - Comisión Derechos Humanos del Estado de Guerrero, Mexico | Resolución 063/2018 | Resolution 063/2018 by the Human Rights Commission of Guerrero, Mexico addresses concerns raised by members of the civil association "Responsible Citizen" and a professor and students from the Master's in Law program at the Autonomous University of Guerrero against the Director of Zoochilpan Zoo. The complaint alleged violations to the state animal protection statute, the Rights of Nature (Recognized in the constitution since 2014), and the right to a healthy environment due to inadequate conditions for the animals. After an inspection, the commission noted various issues such as animals of diverse species living together, dirty water in a pond, and animals in small enclosures. The zoo also failed to meet the standards of the Association of zoos, breeders, and aquariums "AZCARM," leading to recommendations for improvement. Resulting from these inspections, the commission found that the animals were housed inadequately, violating the state anti-cruelty law. They also highlighted potential impacts on the human right to a healthy environment for visitors and zoo staff. The Commission's recommendations include advising the Secretary of the Environment to implement recommendations for the welfare of exhibited animals, suggesting ongoing training for zoo staff to ensure dignified treatment, and advising the Zoo Director to implement legal and administrative measures for the animals' well-being, including budget allocation for necessary infrastructure and optimal conditions. | Case |
| Queretaro |
Querétaro is one of the 32 Mexican federal unities and one of the smallest. It is a historical city, located in the middle of the country. Querétaro has laws in place to protect animals, such as the Animal Protection Law and provisions within the Criminal Code. |
Policy | |
| Proyecto de Resolución del Amparo en Revisión 630/2017 - Mexico | Proyecto de Resolución del Amparo en Revisión 630/2017 | This is a draft of a withdrawn “Amparo” decision, but it is relevant as it highlights the connection between the human right to a healthy environment and the duty to protect animals. In particular, it sheds light on how this right influences the legal assessment of bullfighting’s legality. In this case, the plaintiff, Promociones y Espectáculos Zapaliname, S.A. de C.V., a company whose purpose is to organize bullfighting events, initiated a legal action, known as an “Amparo” against various individuals and governmental entities in the state of Coahuila. The complaint specifically targeted the State Governor, the State Congress, the Secretary of the Government, the State Director of the Official Newspaper, the State Secretary of the Environment, and the State Deputy Director of the Official Newspaper. The plaintiff alleged before the Coahuila’s Second District Court that the 2015 amendment to the law for the protection and dignified treatment of animals in Coahuila, which prohibited bullfighting and similar practices, as well as other associated regulations, infringed upon their rights to employment, property, and cultural expression. The court dismissed the case regarding article 20, fraction XIV of Coahuila’s law for the protection and dignified treatment of animals due to lack of legal interest as the application of these provisions was not substantiated and because such provisions were hetero-applicative. Therefore, the provisions were not applicable. The court also dismissed the “Amparo” regarding Article 20, fraction XIV of the same law. The plaintiff appealed the opinion before the Collegiate Court on Administrative and Civil Matters of the Eighth Circuit, which ordered transferring the case to the Fourth Collegiate Circuit Court of the Auxiliary Center of the Tenth Region. This court upheld the lower court’s decision, deeming the legal action non-justiciable. In addition, the court requested the revision of the case and transferred the case to the Supreme Court of Justice. The Second Chamber of the Supreme Court of Justice heard the case de novo. In this opportunity, the court upheld the constitutionality of article 20, fraction XIV of Coahuila’s animal protection law. The judge held that, “[t]he protection of species is immersed within the very concept of the environment, since animals are part of those elements that comprise it.” The judge held that the right to a healthy environment encompasses the protection of animals, an element of the environment. With this decision, the court moves away from a pure property conception of animals. Moreover, the court underscores the existence of various laws that recognize the need to treat animals humanely and prohibit cruel treatment towards them. These laws include the Federal Animal Health Law, the General Law of Ecological Balance and Environmental Protection, the General Wildlife Law, and the Mexican Official NOM-033-SAG/ZOO-2014. It is important to note that, despite the absence of a national anti-cruelty law in Mexico, these regulations serve as a foundation for animal welfare, even though Mexico does not have a national anti-cruelty law. The court further states that this legal framework shows that the constitutional right to a healthy environment enables the ban on bullfighting established in the amendment of the Coahuila law the plaintiff seeks to invalidate. Such a law is a means to fulfill the general laws enacted to protect and treat animals with dignity. By allowing this cruel practice, the court also asserted that animals suffer and die for the sake of entertainment, which causes a detriment to the general societal interest to protect the human rights to a healthy environment related to the protection and conservation of species established in Article 4 of the Constitution. In addition, the court further stated that invalidating this amendment would constitute a regression that would diminish the need for governments to adopt gradual measures to protect animals. | Case |
| Proyecto Amparo en revisión 630, 2017 | Proyecto Amparo en revisión 630, 2017 | This is a draft of a withdrawn "Amparo" decision, but it is relevant as it highlights the connection between the human right to a healthy environment and the duty to protect animals. In particular, it sheds light on how this right influences the legal assessment of bullfighting's legality. In this case, plaintiff, Promociones y Espectáculos Zapaliname, S.A. de C.V., a company specializing in organizing bullfighting events, filed a legal action against various governmental entities and individuals in the state of Coahuila, in Mexico. The plaintiff challenged the 2015 amendment to Coahuila's animal protection law, which prohibited bullfighting and similar practices, on the grounds that it violated their rights to work, property, and cultural expression. The lower court dismissed the case regarding Article 20, Section XV of the animal protection law due to a lack of legal interest and because these provisions were not applicable to the case. The court also rejected the Amparo concerning Article 20, Section XIV of the same law. The case was appealed and eventually transferred to the Supreme Court of Justice. The Second Chamber of the Supreme Court, after hearing the case de novo, upheld the constitutionality of Article 20, Section XIV of Coahuila's animal protection law. The judge emphasized that the right to a healthy environment includes the protection of animals as an element of the environment, moving away from viewing animals purely as property. The court highlighted the presence of various laws recognizing the need for humane treatment of animals and prohibiting cruelty, even though Mexico lacks a national anti-cruelty law. This legal framework justified the ban on bullfighting and supported the broader legislative objective of protecting and treating animals with dignity. The court argued that allowing bullfighting caused suffering and death for the sake of entertainment, which was detrimental to the societal interest of protecting the environment and species conservation, as established in Article 4 of the Constitution. It also stressed the importance of governments adopting gradual measures to protect animals, and regressing on these measures would be undesirable. | Case |
| Norma Oficial Mexicana Nom 051-Zoo-1995 | Nom 051-Zoo-1995 | This law lays out the general criteria for animal transportation and handling, with additional provisions based on the species. Its objective is to define the framework for animal transportation, aiming to reduce suffering throughout the entire transport process. | Statute |
| MX - Bird - Parrot Ban in Spanish (DECREE by which article 60 2 to the General Law of Wildlife) | artículo 60 Bis 2 a la Ley General de Vida Silvestre |
(Text of law in Spanish). The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008. |
Statute |
| MX - Bird - Parrot Ban (DECREE by which article 60 2 to the General Law of Wildlife) | article 60 2 to the General Law of Wildlife |
The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008. |
Statute |