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Title Citation Summary Type
Amparo en Revisión 80/2022 - Mexico AMPARO EN REVISIÓN 80/2022 This is a decision of the Supreme Court of Justice of Mexico pertaining to a 2019 decree of Nayarit declaring horse racing, bullfighting, cockfighting, and similar practices intangible cultural heritage of the state. A civil association whose mission is to help protect the environment and animals brought an Amparo against the decree, arguing a violation of the right to a healthy environment, as bullfighting and cockfighting are cruel activities where animals are tortured and killed. The Supreme Court analyzed three main questions: (1) What activities can be protected by cultural rights? (2) Does the right to a healthy environment protect animals from abuse or suffering by humans? (3) Can “bullfighting and cockfighting” be constitutionally protected by cultural rights? In answering the first question, the court held that the human right to cultural participation cannot be used as an excuse to violate or destroy other human rights. On the contrary, its exercise must allow the harmony and development of the other rights recognized in our country. Therefore, while some activities, expressions, or manifestations are perceived as “cultural” to society, it is crucial to acknowledge that, from a constitutional standpoint, only those fully aligned with human rights can be officially recognized as such by our nation. Regarding the second question, the court held that “[t]he human right to a healthy environment is a broad concept that includes animal life and well-being, conceiving animals not only as members of a single species or group of species, but also as individual living beings capable of experiencing fear, suffering, and pain.” Moreover, the court stated that it meant that “one of the demands of the right to a healthy environment implied that human beings must live in harmony with other species, not because these species are 'persons,' but because people – that is, human beings – should not behave in a way hostile and cruel towards animals. On the contrary, they must consider animals as beings that must be respected and treated in a decent manner to preserve and be faithful to their moral responsibility as the main driver of the destiny of other species.” Lastly, addressing the third question on whether “bullfighting and cockfighting” should be constitutionally protected under cultural rights, the court concluded in the negative. This decision was based on the recognition that these activities involved the infliction of agony, suffering, and even death upon animals solely for the sake of entertainment, sport, or recreation. The court granted the Amparo and held that the state of Nayarit lacked the power to declare bullfighting and cockfighting intangible cultural heritage as it is a power only the federation has, and not the states, according to the interpretation of the Federal Constitution and the General Law of Culture and Cultural Rights. Case
Constitución Política de la Ciudad de México Constitución Política de la Ciudad de México The Constitution, adopted in 2017, is the most recently enacted in the nation. It places a strong emphasis on human rights and also acknowledges animals as sentient beings. Specifically, Article 13(b) explicitly recognizes animals as sentient beings and mandates their dignified treatment. This article not only imposes a moral obligation, but also a legal duty to uphold the life and well-being of animals. Under this provision, authorities are tasked with ensuring the protection, well-being, and the dignified and respectful treatment of animals. Statute
Mexico - Wildlife - La Ley General de Vida Silvestre La Ley General de Vida Silvestre The purpose of this law is to preserve wildlife through its protection and sustainable use. Article 4 establishes the duty to protect wildlife and prohibits any act that causes its destruction, damage, or disturbance to the detriment of the interests of the Nation. This article also states that owners or legitimate holders of land where wildlife lives have rights of sustainable use over the species, parts, and their derivatives. Under this law, wildlife is defined as "organisms that subsist and are subject to processes of natural evolution and that develop freely in their habitat, including their minor populations and individuals that are under the control of humans and wild populations as well." The Federal Attorney's Office for Environmental Protection (PROFEPA) is the administrative authority overseeing environmental law compliance. Art 107 establishes that any person can file a report with them for any damages caused to wildlife or its habitat. Statute
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
Ley Constitucional de Derechos Humanos y sus Garantías de la Ciudad de México Ley Constitucional de Derechos Humanos y sus Garantías de la Ciudad de México This 2019 law is a secondary law that regulates the application of the constitutional mandate that the Mexico City government guarantees the fulfillment of the more than fifty fundamental rights established in the Constitution. This law addresses the issue of animal protection, specifically in Article 95. Article 95 states that animal protection shall be guaranteed in the broadest way to provide a livable city and seek people's fulfillment of the right to a healthy environment. Even though the focus of this article is human-centric and not the well-being of animals per se, it provides a list of eleven principles tailored around the protection of animals and their interests. Statute
Mexico - Health - Ley Federal de Sanidad Animal Federal Law of Animal Health The Federal Law of Animal Health establishes the foundation for diagnosing, preventing, controlling, and eradicating zoonotic diseases. It defines animal welfare and outlines best practices related to livestock, among other things. This law defines animal welfare as the set of activities aimed at providing animals comfort, tranquility, protection, and safety during rearing, maintenance, exploitation, transport, and slaughter. Statute
Acción de Inconstitucionalidad 7/2021 - Ciudad de México ACCIÓN DE INCONSTITUCIONALIDAD 7/2021 Brought by the National Human Rights Commission, this action of unconstitutionality seeks the annulment of Article 10Bis, Section II, Subsection i) of the Animal Protection Law of Mexico City. This provision was added through Decree Number 495, published in the city's Official Gazette on December 16, 2020. The provision at issue allowed the Animal Squad (Brigada Animal) to enter enclosed areas where there was a presumption of animal cruelty without a warrant. The Supreme Court of Justice (Suprema Corte de Justicia de la Nación (SCJN)) invalidated section i), section II, of article 10 Bis of the Animal Protection Law of Mexico City. Case
Ley de Protección Animal del Estado de Querétaro Ley de Protección Animal del Estado de Querétaro This law seeks to guarantee dignified and respectful treatment for all animal species. As stated in Article 1, its primary objectives include: 1) the regulation of the possession, procreation, development, use, transportation, and slaughter of species, populations, and animal specimens in the state; 2) to implement compliance with the state's environmental policy regarding wildlife and biotic resources; and 3) to promote a culture of protection and respect for nature. Statute
Mexico City Constitution Article 13 Article 13, Constitution of Mexico City

Excerpt
Translation of article 13 of Mexico City’s Constitution

Article 13
Habitable City

A. Right to a healthy environment

 Statute
Mexico City

Mexico City is the capital of Mexico and stands as the largest and most important city in the country. Mexico City has been considered a federative entity since 2016. It has novel measures when it comes to the legal treatment of animals.

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