Displaying 21 - 27 of 27
Title Citation Summary Type
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
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