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Displaying 1 - 10 of 46
| Title |
Author |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Argentina | Angie Vega |
Argentina |
Topical Introduction | ||
| ASOCIACION DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS CONTRA GCBA SOBRE AMPARO | ASOCIACION DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS CONTRA GCBA SOBRE AMPARO” | Argentina’s Juzgado No. 4 on Contentious Administrative and Tax Matters of the City of Buenos Aires held on October 21, 2015 that Sandra, an orangutan that had lived at the Buenos Aires Zoo for over 20 years, is a non-human person subject to rights, based on the precedent of the Argentina’s Federal Chamber of Criminal Cassation of December 18, 2014 and Ley 14.346, 1954. The court ruled that “Sandra has the right to enjoy the highest quality of life possible to her particular and individual situation, tending to avoid any kind of suffering that could be generated by the interference of humans in her life." In its holding, the court also stated that the Buenos Aires government has to guarantee Sandra’s adequate condition of habitat and the activities necessary to preserve her cognitive abilities. The amicus curiae experts Dr. Miguel Rivolta, Héctor Ferrari and Dr. Gabriel Aguado were instructed to prepare a binding report resolving what measures had to be adopted by the government in relationship to Sandra. | Case | ||
| Ley 25.463, 2001 | Ley 25.463 | This law declared the Panthera onca, also known as yaguareté, Jaguar, overo tiger or painted onca, a natural monument. Ley 25.463/01 instructs the National Park Administration and the Directorate of Wildlife and Flora of the Nation to work together on the management plan for the species in the areas of its jurisdiction, making sure it is in accordance to the national faunal policy. The Enforcement Authority will guarantee the planning and execution of preventive measures in cases in which a specimen becomes circumstantially harmful to humans or their productive activities. | Statute | ||
| F. c/ Sieli Ricci, Mauricio Rafael s/ maltrato y crueldad animal | FUNDAMENTOS DE SENTENCIA Nº1927 | "Poli" was a mutt dog that was tied to the bumper of a car by the defendant and dragged at high speed for several miles. Poli sustained severe injuries as a result of being dragged by the car. After the incident, the defendant untied her and left on the road to die. The defendant was found guilty of the crime of animal cruelty, under "ley 14.346." the judge held that this law "protects animals as subjects of rights, and the defendant's conduct was not against an object or a "thing," but rather against a subject deserving of protection." The defendant was sentenced to 6 months of suspended imprisonment for the crime of "animal mistreatment and cruelty." In addition, the judge ordered the defendant to provide food weekly for the animals in A.M.P.A.R.A (The ONG that filed the police report), with the purpose of giving the defendant the opportunity to learn firsthand that “all animals in general, and dogs, in particular, are sentient beings, that have feelings, suffer, cry, and that their right to live, freedom, and integrity has to be respected…” this, with the purpose to prevent the defendant from committing animal cruelty crimes in the future. | Case | ||
| 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 3.959, 1900 | LEY 3.959 | This is the law of the Police for Animal Health. The purpose of this law is to set the parameters to ensure the protection of livestock against contagious exotic diseases. This law regulates topics such as importation and exportation of livestock, prohibiting the importation or exportation of animals infected with contagious diseases or suspected of being infected. | Statute | ||
| Pedroni, Matías Andrés c/ Capello Marina Alejandra s/ Medidas Precautorias – Familia | Poder Judicial de la Nación, Juzgado Civil 7, Fallo 23536/2021 | This case involves a divorced couple that shared two dogs, Burke and Roma. The divorced couple had an arrangement where they shared custody of the dogs. After a domestic violence accusation filed by Marina Alejandra Capello (the respondent) that resulted in a restraining order, Matías Andrés Pedroni (the petitioner) was no longer allowed to see the dogs. The petitioner filed an injunction asking the judge to grant visitation rights (provisional communication regime in Argentina) so he could see the dogs. The petitioner argued that the capricious decision not to let him see the dogs caused him pain, anguish, and concern because Roma and Burke were his family. The judge concluded that from a non-anthropocentric speciest view, Burke and Roma were non-human members of the family created by the parties and that the love for the dogs did not end with the divorce. On the contrary, it had transcended the relationship of the couple. Therefore, neither party could be forced to forget about their relationship with their dogs, severing the solid emotional bond based on years of living together. | Case | ||
| 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 | ||
| Argentina, Ley 18.819, 1970 | LEY N° 18.819 | This law contains the provisions for the procedures for the slaughter of animals. More specifically the slaughter of animals of the bovine, equine, ovine, porcine and caprine species. However, Article 2 establishes that executive power may extend these provisions to the slaughter of birds, rabbits, and other minor species. Slaughterhouses and meat packing plants in Argentina must comply with the desensitization requirements and procedures established by the executive power. This law prohibits the use of the clubs in slaughtering. The veterinary inspection services of the national and of the provincial or municipal administrations are the control entities for the compliance of this law. The Secretary of State for Agriculture and Livestock is the entity that imposes sanctions to establishments subject to national veterinary inspection and those that violate these provisions. | Statute | ||
| R. L. N. y otros s/ 239 resistencia o desobediencia a la autoridad | MJ-JU-M-135671-AR | MJJ135671 | Coco, formerly known as Simon, is an approximately 6-year-old howler monkey found in a closet without food, water, or ventilation during a police raid following a neighbor complaint due to excessive noise. Coco was underweight, stunted, and deformed. The veterinary report revealed that Coco had broken bones due to malnourishment, had missing teeth, and other irreversible ailments due to the inappropriate conditions he lived in. The prosecutor requested the fulfillment of Coco’s rights, the granting of his freedom, and his relocation to “Proyecto Carayá.” The judge in this case held that Coco was to be granted total and absolute freedom in his status as a non-human animal. Furthermore, the judges stated that animals have legal protection based on their legally recognized status of victims. Since they can’t seek legal protection, humans have the duty to guarantee the protection of their rights. The judge also recognized Coco’s status of the subject of rights and ordered his relocation to the Proyecto Carayá for treatment and rehabilitation. Due to the extent of his injuries, experts recommended that Coco be kept by himself, since he could not defend himself and would be outcompeted for food if he shared space with other monkeys. | Case |