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Displaying 11 - 20 of 84
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Decision C-468-2024, Colombia | Sentencia C-468 de 2024, Corte Constitucional Colombiana | Case | ||
| Decision AHC4806－2017 | Decision AHC4806－2017 | (Original case in Spanish below; English translation attached as pdf). The Supreme Court of Justice rules in favor of the spectacled bear, ‘Chucho’, granting him the habeas corpus after the bear’s attorney challenged the lower court decision that denied it. Chucho is a 22 year old spectacled bear that was born and raised in semi-captivity. He lived for 18 years in a natural reserve in the city of Manizales with his sister. After his sister died, Chucho became depressed and started escaping. The environmental authorities thought that it would be in the best interest of the bear to relocate him, for which they decided to move him to a zoo in the northern of Colombia. Unfortunately, the living conditions of Chucho were diminished, as he went from living in semi-captivity to living into a smaller area. Attorney Luis Domingo Maldonado filed an habeas corpus in representation of the bear that was denied on first instance by the civil chamber of the Superior Tribunal of Manizales. Attorney Luis Domingo Maldonado argued that the current legal system did not have a specific proper mechanism that allowed the taking of immediate and urgent measures to protect the rights of animals as sentient beings to retire them for centers of captivity when they have spent their lives in natural reserves. He also used as examples the precedents from Brazil and Argentina where a chimpanzee and an orangutan were granted habeas corpus. Attorney Maldonado sought that the court order the immediate and permanent relocation of Chucho to the natural reserve ‘La Planada’, located in the Department of Narino. The Civil Chamber reversed the decision on first instance, and ordered the relocation of Chucho from the zoo in Barranquilla to a more appropriate location of semi-captivity conditions. In its reasoning, the magistrate judge stated that animals are entitled to rights as sentient beings, not as humans, and that the idea is to insert a morality of respect to counter a global ecological public order where the tendency of men is to destroy the habitat. After long considerations, the chamber stated that it is necessary to modify the concept of ‘subject of rights’ in relation with nature, understanding that who is subject of rights is not necessarily correlatively-bound to have duties. “The legal, ethical and political purpose is the unavoidable need to create a strong conscience to protect the vital environment for the survival of men, conservation of the environment and as a frontal fight against the irrationality in the man-nature relationship.” | Case | |
| Colombia - Whaling - Ley 1348, 2009 | Ley 1348, 2009 | This law adopts the "International Convention for the Regulation of Whaling" signed in Washington D.C. on December 2, 1946 and the Protocol to the International Convention for the Regulation of Whaling signed in Washington D.C. on November 19, 1956. Colombia is one of the 89 countries that are part of the International Whaling Commission (IWC). This Commission is an intergovernmental organization that seeks to implement measures aiming for the conservation of whales and the regulation of whaling. Colombia joined this commission in 2011. | Statute | |
| Colombia - Farm animals - Decreto 2113 de 2017 | Decreto 2113 de 2017 | Adds a Chapter to Title 3, part 13, 2nd book of Decree 1071, 2015 (Sole Regulatory Decree of the Agricultural, Fisheries, and Rural Development Administrative Sector), titled “Animal welfare for production species in the agricultural sector,” which establishes the general provisions and requirements for livestock Animal Welfare in the agricultural sector. Among other things, it establishes that Decree 1071, 2015 is framed based on the five freedoms (freedom from hunger and thirst; freedom from discomfort; freedom from pain, injury, and disease; freedom to express normal and natural behavior) and defines production animals as “vertebrates and invertebrates used in commercial production.” Some of the general aspects include that surfaces (for walking, resting, etc.) must be adapted to the species in order to minimize the risks of injury or transmission of diseases or parasites to the animals. The environmental conditions must allow for comfortable rest and safe and comfortable movements, including changes in normal postures, as well as allow the animals to show natural behavior. Allowing animals to be in social groups encourages positive social behaviors and minimizes injury, disorder, or chronic fear. When painful procedures cannot be avoided, pain should be managed to the extent available methods allow. Animal handling should promote a positive relationship between humans and animals and not cause injury, panic, lasting fear, or avoidable stress. Finally, the Colombian Agricultural Institute (ICA) is the enforcing authority in charge of imposing sanctions for violations of animal health and welfare regulations. | Statute | |
| M.J.G.G. v. Policia Nacional, 2024 - Familia multiespecie (Colombia) | ACCIÓN DE TUTELA M.J.G.G. contra la Policia Nacional | Radicado: 680013333014-2023-00278-01 | En este caso, una menor de 7 años presentó una acción de tutela contra el empleador de su padre, el departamento de policía, por no haberlo transferido a una unidad policial más cercana al hogar de la demandante. La menor vivía en un pueblo rural con su abuela y varios animales. No quería mudarse a la ciudad donde trabajaba su padre, ya que esto la separaría de sus animales, a quien consideraba miembros de su familia. Como prueba, la menor presento un dibujo en el que estan sus familiares humanos y no humanos. El tribunal discutió ideas sobre derechos fundamentales, procedimientos policiales y el significado de una "familia". El tribunal sostuvo que la policía violó el “derecho a arraigarse” de la demandante y reconoció que los animales pueden ser miembros fundamentales de una familia. | Case |
| Sentencia C-041, 2017 | Sentencia C-041, 2017 | Sentencia C-041 is one of the most important court decisions on bullfighting. On this occasion, the court held unconstitutional Article 5 of Ley 1774 of 2016 that referred to the Article 7 of the Statute of Animal Protection. Article 7 contains the seven activities that involve animals for entertainment that are exempted from the duty of animal protection. The practices permitted correspond to rejoneo, coleo, bullfighting, novilladas, corralejas, becerradas and tientas (all variations of bullfighting), cockfighting and all the related practices. Even though the court held that the legislature had fallen into a lack of constitutional protection towards animals, and stated that bullfighting was cruel and inhumane, it deferred the effects of its sentence and gave Congress a two-year period to decide whether bullfighting and the other exception established in Article 7 of the Statute of Animal Protection will continue to be legally allowed. If after this period, the Congress has not legislated on the matter, decision C-041, 2017 will take full effect and bullfighting along with all the practices established in Article 7 will be considered illegal. | Case | |
| Colombia, Resolución 002341, 2007 | Resolution 002341 de 2007 sets parameters and requirements with the goal of guaranteeing the efficiency of the different processes that are part of the system of production of cattle for slaughter, while taking into account the livestock’s health and safety. Some of the topics that this resolution regulates include registration of production farms, requirements of the farming facilities, animal health and biosafety, veterinary medicines good practices, animal feeding good practices, farm and livestock transportation personnel, animal welfare and animal transportation. | Administrative | ||
| Colombia - Cruelty - Decreto 497 | Decreto 497 | Decreto 497, regulates Ley 5, 1972. Article 3 lists acts constituting bad treatment towards animals, such as keeping animals in places that are unsanitary or that prevent them from breathing, moving, or resting or which deprives them of air or light; forcing animals to work excessively or beyond their strength or to any act that results in suffering in order to obtain from the efforts that cannot reasonably be required of them except by the means of punishment; abandoning the injured, sick, exhausted or mutilated animal, or stop providing everything that can be humanely provided, including veterinary assistance; not giving an animal a quick death free of prolonged suffering, regardless of whether the animal will be used for human consumption; confining animals in such a number that it is not possible for them to move freely, or leave them without water and food for more than 12 hours; keeping animals confined with others that terrify or annoy them; and skinning or plucking live animals. | Statute | |
| Legal materials investigation Research Center- materials | Relevant legal documents concerning investigation into the cruel treatment of animals at the Malaria Research Center in Cali, Colombia. | Policy | ||
| Colombia - Environment - DECRETO LEY 2811, 1974, Code of Natural Resources | DECRETO LEY 2811 | The Code of Natural Resources and Environmental Protection declared the environment a common heritage of the nation and nature as a legal good that has to be protected. Article 1 of this code establishes that, “the preservation and management of natural resources are of public utility and social interest." The main goal of this statute is to protect and restore the environment. It strives for the preservation, improvement and rational utilization of the natural resources, attempting for a continued availability of such resources. | Statute |