Full Case Name:  Sentencia C-467/16

Summary: This lawsuit seeks the unconstitutionality of articles 665 and 658 of the Civil Code that define "movable objects" and "real property by destination." The plaintiff alleges that these categorizations are against the Constitution's environmental orientation and international agreements. The court upheld the validity of these articles and stated that such categorizations were not against legally considering animals as sentient beings deserving of protection against pain and suffering. In other words, the protection of animals is not affected by this language. "Animals are included in the category of property because property rights may be exercised over them, and animals are often the subjects of legal transactions. Therefore, categorizing animals as property responds to a necessity and does not affect the regulation in other provisions to develop the duty to protect animals as sentient beings (Law 1774, 2016)."