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Displaying 31 - 40 of 46
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 | |
| Expte. N° HC-656/21 - Habeas Corpus en favor del Tortugo Jorge | Expte. N° HC-656/21 | Jorge is an 80-year-old turtle living in the Municipal Aquarium of Medoza, Argentina. In 2021, three animal lawyers filed a habeas corpus on behalf of Jorge, arguing a violation of the turtle’s right to his locomotive freedom and a violation of Mendoza’s law 7.887, 2018, which prohibits the exhibit of animals in circuses or other events. The lawyers stated that Jorge had to be relocated to a more natural environment where he could live the last years of his life, raising concerns for his age and health. After learning that the government is turning the aquarium into a biodiversity center and after consulting with several experts, the tribunal denied the Habeas Corpus as it found the controversy was moot. It also rejected the idea of releasing Jorge into the wild. However, it is important to mention that the tribunal did not oppose his relocation into a sanctuary so long as his physical integrity was protected. | Case | |
| Decreto 666, 1997 | This “Decreto” regulates Law No. 22,421, relating to the law for conservation of wildlife, emphasizing the management powers of the national enforcement authority, through the Secretariat of Natural Resources and Sustainable Development. This regulatory decree also regulates the practice of hunting and creates the National Registry of Hunters. The National Registry of Hunters deals in: sport hunting, commercial hunting, hunting with scientific or educational purposes, and hunting for control of harmful species. Other topics that Decreto 666 regulates include: sanctuaries, breeding stations for wildlife, import, export and interprovincial trade of wildlife and byproducts. In the latter, it is mandatory to register in the corresponding registry of the Ministry of Environment and Sustainable Development and to keep books that record the movement of such animals and products. It is also mandatory to supply the reports that are required and to facilitate access at all times of the authorized officials for inspection and control. The law created the Advisory Commission for Wildlife and its Habitat to propose solutions to problems relating to the sustainable use of wild fauna. The Ministry of Environment and Sustainable Development is the authority of enforcement with national scope. Its responsibility is to classify the wild fauna species, to set the corresponding tariffs for the registry of sport hunting, among other responsibilities. The National Service of health and agro-food quality (SENASA) is in charge of the sanitary control of wildlife subject to national and international trade. | 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 | |
| DECRETO 1248, 1975 | Decreto 1248 | This Decreto contains the regulations for the safe treatment of live animals during loading, unloading and transportation of livestock. It aims for the humane treatment of animals during transportation and other related options. | Statute | |
| C., M. M. M. s/ Denuncia Maltrato Animal; seguidos contra E. P. S., D.N.I. N° X- Causa Tita | Fallo 481/2021 | This court decision has two important aspects, where the judge recognizes families as multispecies, and non-human animals as sentient beings and subjects of rights. The facts of this case arose from a fatal encounter between the police officer and "Tita," a Pitbull-mix family dog, in March 2020 in the Province of Chubut in Argentina. "Tita" attacked an on-duty police officer, and, when Tita was walking away, the officer shot her in front of her family. The injury was so severe that Tita had to ultimately be put down. The judge, in this case, found that Tita was a non-human person and a daughter to her human family, as she and other companion animals had adapted so well to the family life, that it had turned the family into a multispecies one. Therefore, the loss of Tita was an irreparable one. The judge further stated that in today's world animals are not "things," they are sentient beings and they have the right that their life is respected. The holding of the court was also based on the case of Sandra, the orangutan, and the Universal declaration of animal rights. The police officer was sentenced to one year of suspended imprisonment, professional disqualification for two years, and to pay the attorney and court fees for the crimes of abuse of authority and damages. However, he was acquitted of the animal cruelty charges. Update: In September 2022, the Chubut's criminal chamber of the Superior Court of Justice (the highest tribunal in the province) heard the case on appeal. The court affirmed the verdict of the Trelew’s criminal chamber that set aside the guilty verdict entered against the police officer. The highest tribunal found that, at the incident, Tita was unleashed and unmuzzled. Also, she was aggressive toward the officer, barking and charging at him before he shot her. The tribunal concluded that the officer found himself in imminent danger, which justified his actions, and therefore, he was not guilty as he acted to defend himself. The tribunal found that Sandra's case and the Universal declaration of animal rights did not apply to Tita's case because there were circumstances in which it is necessary to end the life of an animal, and Sandra’s case was brought up as a habeas corpus on behalf of a hominid primate. The recognition of “subject of rights” was granted to Sandra based on the genetic similarity of her species to humans, which is 97%, as opposed to canines’ which is only 75%. It is important to note that the tribunal did not say anything in regard to the status of Tita as a member of her multispecies family. | Case | |
| Auto Interlocutorio Numero Veinte: QUATTROCCHIO WANDA S/ MALTRATO ANIMAL- Argentina | Auto Interlocutorio Numero Veinte: QUATTROCCHIO WANDA S/ MALTRATO ANIMAL | Caso QUATTROCCHIO, animales como sujetos de derecho en causas penales, derecho animal en Argentina, derecho animal en America Latina | Este es un caso de crueldad animal en el que Wanda Quattrochio presencio al demandado golpeando con un látigo a los perros del vecino. Wanda filmó el incidente y presentó una denuncia por crueldad animal. El demandado estaba a cargo del cuidado de los perros mientras su dueño estaba fuera. Cuando las autoridades llegaron a la casa para confiscar a los animales, encontraron a seis perros en pequeñas jaulas sucias, con agua sucia y sin comida. Luego de considerar los testimonios de los testigos y otras pruebas, el juez concluyó que el acusado había infringido los artículos 1 a 3 de la ley de protección animal (Ley 14.346) y fue procesado por el delito de crueldad animal. En su análisis del caso, la jueza afirmó que los animales no son cosas ni recursos sino seres vivos con potencial de ser "sujetos de vida". | Case |
| 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 | |
| Argentina, Ley 27233, 2015 | Ley 27233 | This law declared animal and plant health of national interest. Ley 27233 established that the all persons including legal persons that are participants in the agro-food chain (production, obtention, transportation and industrialization of products, by-products, and derivatives of silvo-agricultural and fishing origin), have the responsibility to watch and respond to the health, innocuousness, hygiene, and quality of agricultural production, in accordance with the current regulations. Article 2 declared of public order the national regulations by which the development of actions aim for the preservation of animal health, plant protection, and the hygienic-sanitary condition of food of agricultural origin. This responsibility extends to those who produce, divide, conserve, deposit, concentrate, transport, commercialize, sell, import or export animals, vegetables, food, raw materials, food additives, reproductive material, animal feed and raw materials, fishery products and other products of animal and/or vegetable origin that act individually, jointly or successively, in the agro-food chain. | Statute | |
| 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 |