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Displaying 31 - 40 of 84
| Title | Citation | Summary | Type |
|---|---|---|---|
| Colombia - Dangerous dogs - DECRETO 380 DE 2022 | DECRETO 380 DE 2022 | This decree adds Chapter 10 to Title 8 of Decree 1070, 2015 (Regulatory Decree of the Defense Administrative Sector). It regulates the civil liability of owners or keepers of "special management dogs." Owners and keepers must acquire liability insurance and dogs in this category must be microchipped. | Statute |
| Law 2374 de 2024 - National Sterilization Program for Cats and Dogs (Colombia) | Ley 2374 de 2024 | This law creates and implements the National Program of Surgical Sterilization of Cats and Dogs as an ethical method of birth control, in order to reduce the phenomena of mistreatment, suffering, and animal indigence, to promote a healthy environment, and to mitigate the risks to public health associated with the presence of animals in the streets. | Statute |
| Sentencia T-608, 2011 | Sentencia T-608/11 | The Plaintiff brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) acting as the legal guardian of her husband, who had spastic quadriplegia and mixed aphasia as a result of a severe cranioencephalic trauma, against Corporación Autónoma Regional de Caldas ‘CORPOCALDAS’. The Plaintiff argued that Corpocaldas had violated the rights to health and dignified life of her husband when the Defendant confiscated a parrot that was part of the Plaintiff’s rehabilitation treatment. The Plaintiff sought immediate restitution of the parrot by the Defendant. The court affirmed the decision of the lower court to deny the Plaintiff’s petition. The court determined that the confiscation of the parrot by Corpocaldas was reasonable and according to the law, therefore there was not a violation of the rights of the Plaintiff. The court stated that as wild animals belong to the nation and they can only be reduced to property when the are obtained through legal hunting or from legal breeders. In this particular case, the Plaintiff obtained the parrot as a present from her cousin, and she did not present evidence of title. The court concluded that the bird belonged to the nation, and therefore the environmental authority had acted in accordance to its duties. The court stated that even though there was a narrow relationship between the rights to health and life with the right to environment, the protection of the environment did not only aim to the protection of humans. The court indicated that the environment should be protected whether or not it offered a benefit to the human species. The rest of the beings that are part of the environment are dignified beings that are not at the absolute and unlimited disposition of the human beings. Humans are just another element of nature, and not a superior entity that has the environment at their disposition. Therefore, the use of natural resources should not cause damage or deterioration that could threaten diversity and environmental integrity, the court stated in its reasoning. | Case |
| AUTO 1928 de 2022 | AUTO 1928 de 2022 | In Colombia, municipalities are not allowed to prohibit bullfighting. It is a power reserved for Congress. Bogota attempted to regulate the practice through ordinance 767 in 2020. Since the city was not allowed to prohibit bullfights, it regulated them by prohibiting the use of sharp objects and killing of the bulls in the ring. In addition, they required that 30% of the publicity of the event be focused on educating the public on the suffering of bulls. It imposed a 20% tax and decreased the number of annual bullfights allowed from 8 to 4. During this time, no bids were sent to use "Plaza Santamaria" (Bogota's bullfighting stadium) because owners and sponsors of this practice did not agree with such requirements. Thus, Plaza Santamaria did not hold any bullfights since 2020. In December 2022, the Constitutional Court ordered the city to refrain from taking any action conducing to the violation of decision T-296 of 2013 and ordered the opening of Plaza Santamaria “to allow bullfights to take place in the usual conditions as an expression of cultural diversity and social pluralism,” effectively ordering the city to do what’s necessary for the comeback of bullfighting to the capital. | Case |
| Sentencia STC1926-2023 | Sentencia STC1926-2023 | Romeo and Salvador, two beloved family dogs that found themselves in the center of a heartbreaking divorce. The divorce resulted in the family judge ordering the foreclosure of the dogs in the divorce proceeding. The plaintiff filed a writ of protection or "Recurso de Tutela" before the Chamber of Civil Cassation of the Supreme Court of Justice to protect her rights to family unity, free personality development, and health. Furthermore, she argued that the lower court decision had violated not just her rights but her children's rights, who had developed a filial bond with the dogs, as they are sentient beings and not just mere property. The Court denied the "tutela." It affirmed the lower court decision allowing foreclosure upon companion animals, holding that the "tutela" was not the appropriate legal mechanism to protect procedural guarantees. In his dissenting opinion, Magistrate Aroldo Wilson Quiróz stated that the court had missed a valuable opportunity to address the issue of the multispecies families in Colombia. This novel legal concept is supported under Art. 42 of the Constitution, and that it was the responsibility of the court, as the body of last instance, to delve into this subject, pointing out the fact that even though animals are considered property, they are also sentient beings in the eyes of the law with rights that limit the right to own them. Like in other family cases, the magistrate suggested that courts should address issues such as custody, visitation rights, and alimony payments when companion animals are involved. | Case |
| Colombia - Bullfighting - LEY 916, 2004, National bullfighting Statute | LEY 916, 2004 | Ley 916, or National Bullfighting Statute, declares bullfighting as “a form of artistic expression”. This statute has national scope, and regulates everything concerning the preparation, organization and development of bullfighting, giving a status of legality in the legal system. The Taurine Statute discusses topics such as the characteristics of the bullring, the name of different areas in the ring, and their purpose. It has an extensive glossary explaining the different methods utilized during the different phases of the bullfight, procedures to weaken and kill the bull, the moves of the animal and the bullfighters. This statute defines the name of the weapons and how and when to use them. It notes requirements such as that every bullring stadium must provide medical assistance for the participants, with all least four specialized doctors in every bullfight. While on-site medical care is outlined for the human participants, no veterinarian is required to be present during the execution of the bullfight. | Statute |
| Sentencia T-146/16 | Sentencia T-146/16 | Plaintiffs, a family that owned a howler monkey named "bebé" or "King Kong," filed "Amparo" seeking the protection of their rights to life and health, arguing that such rights had been violated by "Corporación Autónoma Regional de Cundinamarca's" (CAR) refusal to return "bebé" to his family. The plaintiffs alleged that "bebé" was a member of their family, and not having him affected the family's emotional and physical health. Finally, they argued that the sadness and depression were so severe that they took group therapy with a psychologist. The monkey was stolen from the family's property and rescued was assisted by "Corporación Autónoma Regional de Cundinamarca," who sent the monkey to "Fundación Bioandina." However, the defendants reported the monkey to be completely "humanized." He was so stressed that he did not eat and had to be relocated to the Medellin Zoo to be rehabilitated. The Second Chamber of Review of the Constitutional Court determined that wildlife is not subject to property by individuals and that the state of freedom of wildlife should be privileged. According to article 248 of the National Code of Renewable Natural Resources, the court stated that wildlife belongs to the nation. Therefore, the defendant's actions did not violate the family's well-being, as the forfeiture of wildlife is necessary to ensure their conservation protection as it is a constitutional mandate to protect biodiversity and environmental integrity. The court noted that the monkey had completed his rehabilitation process and had been reintroduced to his natural habitat. | Case |
| Law 2404, 2024, Transportation and Handling of Wild Animals (Colombia) | LEY 2404 DE 2024 (Agosto 02) | The purpose of this law is to eradicate the unnecessary suffering caused to wildlife specimens rescued or seized by the environmental authorities, in cases that require transportation for treatment and rehabilitation under specific conditions, and urgently to specialized centers where they will receive care to ensure their welfare, as well as transportation for their subsequent release or relocation to an establishment according to the technical concept issued. Wild animals must be treated as sentient beings when transported. | Statute |
| Sentencia C-889, 2012 | Sentencia C-889/12 | Decision C-889 grants constitutional value to animal protection. It establishes the parameters for tradition and social roots. It limits the scope of bullfighting in the national territory. On this opportunity, the court decided on the constitutionality of Arts. 14 and 15 of the statute of Bullfighting Statute. It establishes the criteria that must be met in order for bullfighting to be legal: (1) Bullfighting has to meet the legal conditions established for public shows in general; (2) Bullfighting must meet the legal conditions established in the statute that regulates the taurine activity, Ley 916 of 2014; and (3) Bullfighting must comply with the constitutional conditions, restrictions, and limitations established in decision C-666 of 2010 to satisfy the mandate of animal welfare, animal protection, and to avoid suffering and pain. It must also satisfy social ingrain, location, opportunity, the condition of no financial funds, and exceptionality. | Case |
| Colombia - Law enforcement animals - Law 2318, 2023 | Ley 2318, 2023 | The purpose of this law is to modify the provisions of the National Code of Police and Coexistence (Law 1801 of 2016) to prohibit the use of animals for deterring demonstrations, riots, and unrest while adhering to existing regulations and obligations regarding animal protection and welfare. Article 4, PAR1 states: "Under no circumstances should the involvement of animals be construed as a component of the application of force outlined in this article. Animals, such as canines and equines that have been trained by law enforcement, are only allowed to engage in surveillance, preventive measures, and control tasks during events like mass gatherings, rescue operations, searches, explosive detection, illegal crop eradication, or law enforcement deployment. The use of animals to disperse public demonstrations, incite riots, or quell public unrest by law enforcement is explicitly prohibited." | Statute |