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Displaying 71 - 80 of 84
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Colombia - Research animals - Resolución 8430, 1993 | Resolución 8430, 1993 | Resolution 8430, 1993 of the Colombian Ministry of Health, establishes scientific, technical, and administrative norms for investigation in the health field. Title V of this resolution regulates the biomedical research on animals. | Statute | |
| Colombia - Animal control - Ley 2054 de 2020 | Ley 2054 de 2020 | This law modifies Law 1801 of 2016. It imposes the duty on all districts or municipalities to establish an animal welfare center, municipal shelters, or transitory homes to take domestic animals to the extent possible according to the financial capacities of the territorial entities. If the district or municipality does not have these centers, it must support the efforts of private animal shelters or foundations that receive domestic animals. If the animal has not been claimed by his or her owner or keeper after thirty days, the animal will be declared abandoned, and the authorities will proceed to promote his or her adoption. This law also establishes that domestic animals or pets cannot be restricted from common areas in apartment buildings. Dogs have to be leashed, and in the case of potentially dangerous dogs, they have to be muzzled, and the owner must have the corresponding license in accordance with the law. | Statute | |
| Sentencia T-095, 2016 | Sentencia T-095/16 | In this decision, the court drew a line between the concept of animal welfare and the concept of animal rights. The court continues to see animal protection from a moral perspective when it states animals do not necessarily have rights, even though they should be treated with respect and should not be abused. The Plaintiff brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary, created for the sole purpose of protection of fundamental rights) against ‘la Personería Local of Fontibón’, the local Mayor’s office of Fontibon, the District Secretary of Health, the Zoonosis Center and the Distril Secretary of the environment of Bogota. The Plaintiff argued that these governmental entities had violated his fundamental right to petition and the right to animal welfare of twenty five dogs, when the authorities ordered the confiscation the canines that were located in the District Ecological Park of the Wetland of Capellanía and who were cared for by volunteers. The Plaintiff argued that the Defendants did not respond to his request to provide funds to build a shelter and provide food and veterinary assistance of the dogs or funds to relocate them. The Plaintiff sought a response from governmental authorities on the petition and to provide the funds to save the animals, thereby avoiding the Zoonosis Center to assume their care, who would euthanize the sick animals that were not adopted after five days of being up for adoption. The lower court denied the protection of the fundamental right to petition, as it found that the authorities responded to the petition of the Plaintiff in a clear and timely matter by denying the request to fund the Plaintiff to relocate the dogs or build a shelter for them. In regards to the right to animal welfare, the lower court considered it was a legal rather than a constitutional issue, therefore the action of ‘tutela’ was not the appropriate mechanism as its purpose is to guarantee the protection of fundamental rights. The court held that there was a constitutional duty of animal protection that derives from the duty to protect the environment. However, this duty to guarantee the well-being of animals as sentient beings is not absolute and may be subject to exceptions. The court determines that the mandate to protect the environment, which includes sentient beings, does not translate into a right to animal welfare, and for that reason such duty is not enforceable through an action of tutela. The duty to protect animals presumes an obligation to care and prohibits maltreatment and cruelty against animals, unless these actions come from one of the limits stipulated in the constitution. The court affirmed the lower court decision to deny the protection to the right to petition and declared the inadmissibility of the action of tutela for the protection of animal welfare. | Case | |
| M.J.G.G. v. Policia Nacional, 2024 - multispecies family (Colombia) | ACCIÓN DE TUTELA M.J.G.G. contra la Policia Nacional | M.J.G.G. v. Policia Nacional, 2024 - Colombia | This case is about a 7-year-old plaintiff who brought a "Tutela" action against her father’s employer, the police department, for not transferring him to a closer police unit to the plaintiff’s home. The plaintiff lived in a rural town with only her grandmother and several animals. She did not want to move to the city where her father worked, as it would separate her from her beloved animals. The court discussed ideas of fundamental rights, police procedure, and the meaning of a “family.” Ultimately, The court held that the police violated the plaintiff’s “right to be rooted,” and recognized that animals can very much be core members of a family. | Case |
| Colombia - Veterinary - LEY 576, 2000, Code of Ethics for the professional exercise of veterinary medicine and animal husbandry. | LEY 576, 2000 | This law reflects the Code of Ethics for the professional exercise of veterinary medicine and animal husbandry. This law contains the guidelines and standards of the veterinary professions that must be followed by veterinarians and veterinary zoo technicians to avoid veterinary malpractice liability. Ley 576, prescribes the type of behaviors that are not allowed and the circumstances were such behaviors could take place. In addition, this law also creates the tribunal of professional ethics for these professions, and the legal procedure that must be followed by this tribunal in the undertaking of investigations and hearing of users’ complaints. Furthermore, this law regulates the ethical behavior, and responsibilities of the veterinary professionals towards their clients, other colleagues, veterinary assistants, natural resources, and professional associations. | Statute | |
| Colombia - Animal control - Ley 769 | Ley 769 | This law is Colombia's National Code of Traffic. Article 97 delegates to the territorial entities the duty to create municipal shelters ("cosos municipales" or animal deposits") adequate for the keeping of animals of minor species, major species, and wildlife. | Statute | |
| 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 | |
| Ley 2374 de 2024 - Esterilización obligatoria de los animales de compañía (Colombia) | Programa Nacional de Esterilizacion de Gatos y Perros | Esta ley crea un programa nacional de esterilización quirúrgica de perros y gatos como método ético de control seguro de la natalidad para reducir los riesgos para la salud pública asociados a los animales vagabundos, así como para reducir la cantidad de animales abandonados, que sufren y son maltratados. El Congreso busca proteger la fauna salvaje mediante este decreto. Las instituciones que realizan la esterilización deben llevar un registro e identificar a los animales que han sido esterilizados, así como prestar sus servicios "sin barreras" a las comunidades que, de otro modo, no podrían esterilizar a sus animales. El Congreso debatió los problemas de bienestar animal relacionados con el abandono y el maltrato, y que al disminuir el número de animales nacidos, se puede dañar a menos animales. Además, se ha demostrado que la esterilización aumenta la calidad y esperanza de vida de los animales esterilizados. | Statute | |
| 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 |