Animal Rights
Displaying 71 - 80 of 244
Title |
Summary |
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| Compromise & the Universal Declaration on Animal Welfare |
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| Conference Summary: "The Moral and Legal Status of Non-Human Animals" |
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| CONSISTENTLY INCONSISTENT: THE CONSTITUTION AND ANIMALS | |
| Constitución Política de la Ciudad de México | |
| Constitutional Law of Human Rights and its Guarantees of Mexico City | This 2019 law is a secondary law that regulates the application of the constitutional mandate that the Mexico City government guarantees the fulfillment of the more than fifty fundamental rights established in the Constitution. This law addresses the issue of animal protection, specifically in Article 95. Article 95 states that animal protection shall be guaranteed in the broadest way to provide a livable city and seek people's fulfillment of the right to a healthy environment. |
| CONTRADICTIONS WILL OUT: ANIMAL RIGHTS VS. ANIMAL SACRIFICE IN THE SUPREME COURT | |
| Corte Suprema Rol N°50.969-22 | |
| Council of the State, Sentencia 22.592 of May 23, 2012 |
Appeal, brought by the Plaintiff, who sought compensation for negligence on the part of the municipality of Anserma for the wrongful death of her husband, who died in the corrals of the slaughterhouse of Anserma when a bull charged him, causing him to fall and hit his head. The Plaintiff alleged that the slaughterhouse facilities were in poor condition, which was the cause of her husband’s death. If the facilities have been in good condition, he would not have had the accident. The court analyzed whether the damage was a result of the municipality's negligence as it did not maintained the facilities in a safe condition, or, if alternatively, it was an unfortunate accident not imputable to the Defendant. The court concluded that the Plaintiff did not present enough evidence to prove that the conditions of the facilities were the cause of the death of her husband. The court also found that the municipality was not in charge of the cattle in the slaughterhouse. Therefore, the damages were not imputable to the municipality. Furthermore, the court found the deceased was not an employee of the municipality, he was an independent employee that was hired by the slaughterhouse workers to assist them during the slaughter of cattle. The Court affirms the decision of the lower court and declares an exception of unconstitutionality of the expression “and if he alleges that he was not able to avoid the damage, he will not be heard.” of the Article 2354 of the Civil Code In its reasoning, the court determined that the accident was a result of contributory negligence and assumption of the risk on the part of the deceased, and not a result of the behavior of the animal. The court addressed Article 2354 of the Civil Code, that established that the caretaker of a fierce animal that does not report any benefit for the owner will be responsible for the damages the animal may cause, but if he alleges that if the damages were unavoidable, he will not be heard. The court declared unconstitutional the line “ and if he alleges that he was not able to avoid the damage, he will not be heard.” The court stated that it was inappropriate to address this scenario that involves responsibility derived from the behavior of animals under the parameters in the Civil Code that treated animals as goods. As today, it was of common acceptance that animals are sentient beings. Animals just as disabled people and other beings had dignity in themselves. They have a vital purpose, so much that they can enter a direct and permanent relationship with humans. The court continues to say that without this idea, the notion of legal capacity and the recognition of fundamental rights for legal persons could not exist. Animals should not be compared to objects or things, as they have dignity. The court recognized that animals and other living beings have their own value, and that even if it is acceptable that they are used for the human’s own benefit, it does not prevent us from recognizing that they are living beings, endowed with own value, and therefore subject to some rights. |
| Cover and Introduction, Journal of Animal Law Volume 10 | |
| Crime Victims Rights: Critical Concepts for Animal Rights |
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