Full Case Name:  00949-2022-PA/TC Juan Enrique Martín Pendavis Pflucker v. Cañete

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Country of Origin:  Peru Court Name:  Constitutional Court of Peru Primary Citation:  EXP. N.° 00949-2022-PA/TC Date of Decision:  Tuesday, July 25, 2023 Judge Name:  Gutiérrez Ticse, Domínguez Haro, Ochoa Cardich Docket Num:  00949-2022-PA/TC Documents:  PDF icon Caso Juan Enrique Martín Pendavis Pflucker, Expediente 00949-2022-PA_TC.pdf (632.05 KB)

This case is about pet ownership and a person’s constitutional rights within vacation rental spaces. The majority opinion reasoned that the rental space was permitted to prohibit pets, as it was doing so as an expression of the cohabitors’ shared wills, and therefore, does not violate the plaintiff’s rights as he willingly entered the property. The court noted how service animals are working animals, and not just “pets,” whose presence is required for their owners to enjoy the full accessibility of the property in question, and cannot be prohibited. The dissenting opinions discussed topics of animals as property, constitutional freedoms, and animal welfare, and argued that the plaintiff’s claim should be founded. 

 

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