Displaying 1 - 10 of 27
Title Citation Summary Type
Ley Nº 23.899, 1990 Ley Nº 23.899 Ley 23.899, 1990 creates the National Service of Animal Health, and establishes its purposes, responsibilities and organization. According to this law, The National Service of Animal Health executes governmental policy on animal health. The main purpose of NSAH is to prevent, control and eradicate animal diseases and animal diseases transmissible to humans, to exercise hygienic-sanitary control of all products of animal origin, taking into account the advances in health technology and the most modern procedures for its control and the control of the products destined to the diagnosis, prevention and treatment of animal diseases. This entity is formed by an executive structure; a board of directors and provincial or regional commissions. The National Service of Animal is an entity of public private law with National scope, that maintains its relations with the national government through the Undersecretariat of Agriculture, Livestock and Fishing of the Nation. Statute
Orangutana, Sandra s/ Habeas Corpus Orangutana, Sandra s/ Habeas Corpus This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection." Case
Ley 25.052, 1998 Ley 25.052 Ley 25.052/98 prohibits the hunt or capture of orca whales (Orcinus orca) by nets or by the forced stranding system. The penalty for violating this law will result in fines starting from one million Argentine pesos, and up to two million pesos when the capture resulted in the death of the specimen. The Secretary of Natural Resources, through the Direction of Ictícolas and Acuícolas Resources, are the authorities in charge of the application of this law. The Naval Prefecture of Argentina is the authority that exercises police power, and federal justice will know of the complaints made by the enforcement authority, the police authority, or any citizen or non-governmental institution. Statute
Fallo Kattan Alberto c/ Estado Nacional. Año 1982 42.470/83 Before the Argentina National Constitution of 1994, the attorney Alberto Kattan and Juan Schroder brought an action of amparo (protection of rights) against the national government to prevent the hunting of 14 Commerson's dolphins that had been authorized by the national government. The question was whether these people had a cause of action as they had not suffered any direct or personal harm. The court declared the action of amparo valid leaving the administrative authorizations that allowed the hunting of Commerson's dolphins without effect. Case
Ley 25.577, 2002 Ley 25.577 Ley 25.577/02 prohibits the hunting and intentional capture of any of the cetaceans listed in the appendant of the same law. The authority in charge of enforcing this law is the Secretariat of Sustainable Development and Environmental Policy of the Ministry of Social Development and Environment of the Nation, which will establish the measures to minimize the incidental capture of the cetaceans listed in the appendant. The authority also establishes exceptions to hunting and intentional capture when they have scientific or educational objectives, or when the purpose is the conservation of the species. Ley N° 25.052 regulates the hunting and intentional capture of the orca species. Statute
Pometti, Hugo c/ Provincia de Mendoza s/ acción de amparo Id SAIJ: FA17190000 This is an action of protection or "accion de amparo” filed by Hugo Edgardo Pometti against the Province of Mendoza in The Court of Associated Judicial Management No. 2 of Mendoza. The Petitioner sought to stop the transfer of the chimpanzee Cecilia to the sanctuary located in Brazil and to keep her in the Zoo of Mendoza in order to preserve the natural and cultural heritage and the biological diversity. The petitioner also requested a precautionary action to not transfer the chimpanzee until decision on the the action of amparo was issued. Case
Ley 22.421, 1981 LEY Nº 22.421 Ley 22.421 is the the law for the protection of wild fauna. It regulates conservation and the use of the wild fauna in Argentina. This law establishes that the protection of wild fauna is of public interest and therefore all the citizens have the duty to protect it. When a person resulted harmed when executing this duty, they can seek administrative compensation. Article 3 establishes what animals are considered wild fauna, wild animals, wild animals that live under the control of humans, in natural or artificial environments, and domestic animals that, for any reason, return to the wild. Wildlife are deemed to be part of this category in terms of this law, with exception of the animals subject to fishing laws. Other matters regulated by this law include national and international trade and transportation of wild fauna, protection of the environment, hunting and its requirements, and the responsibilities of the authorities in prosecuting crimes and imposing penalties. Statute
T. , J. A. s/ infracción Ley 14.346 Id SAIJ: FA12340061 The Supreme Court upheld the decision of the lower court that sentenced the Defendant to eleven months of imprisonment after finding him criminally responsible for acts of cruelty in violation of Article 1 of Ley 14.346 against a stray dog. The Defendant was found guilty of sexually abusing a dog, who he forced into his premises. The dog’s genital area was sheared and she had serious injuries, which the veterinarian concluded were clear signs of penetration. The Supreme Court referred to the Chamber of Appeals on Criminal Matters of Parana "B.J.L. s/ infracción a la Ley 14.346", of October 1, 2003, where the referred court stated that “the norms of Ley 14.346 protect animals against acts of cruelty and mistreatment, is not based on mercy, but on the legal recognition of a framework of rights for other species that must be preserved, not only from predation, but also from treatment that is incompatible with the minimum rationality." Further, "the definition of ‘person’ also includes in our pluralistic and anonymous societies a rational way of contact with animals that excludes cruel or degrading treatment." Case
Ley 22.344, 1980 LEY Nº 22.344 This is the law by which Argentina approves and adopts the "Convention on International Trade in Endangered Species of Wild Fauna and Flora" (CITES), signed in the city of Washington on March 3, 1973, with its Appendices and Amendments. The purpose of CITES is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. Statute
Decreto 206, 2001 Decreto 206/2001 Decreto 206/2001 created the The National Program of Organic Production (PRONAO), which is under the jurisdiction of the Secretariat of Agriculture, Livestock, Fishing and Food of the Ministry of Economy. The purpose of this program is to promote the production and trade of organic production in Argentina. Specifically, Chapter VII of this decreto regulates animal production. Article 13. Reads: “Organic livestock should develop a harmonious relationship between land, plants and livestock, and respect the physiological and behavioral needs of animals." Animals produced under these organic standards must meet animal welfare guidelines. This program advises to use alternative practices to mutilations such as tail-docking, debeaking, tooth and wing trimming. It specifically states that this practices are not recommended as a concurrent practice. Statute