Colombia
Displaying 51 - 60 of 82
Title |
Summary |
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| Ley 2404 de 2024 - Colombia |
El objeto de la presente ley es erradicar el sufrimiento innecesario producido a los ejemplares de fauna silvestre rescatada o decomisada por las autoridades ambientales, en los casos que requiera ser transportada para recibir tratamientos y rehabilitación con condiciones específicas, y con carácter de urgencia a centros especializados donde recibirán atención para garantizar su bienestar, así como el transporte para su posterior liberación o reubicación a un establecimiento según el concepto técnico emitido. Los animales silvestres deben ser tratados como seres sintientes a la hora de ser transportados vía aérea, terrestre o fluvial.” |
| M.J.G.G. v. Policia Nacional, 2024 - Familia multiespecie (Colombia) | En este caso, una menor de 7 años presentó una acción de tutela contra el empleador de su padre, el departamento de policía, por no haberlo transferido a una unidad policial más cercana al hogar de la demandante. La menor vivía en un pueblo rural con su abuela y varios animales. No quería mudarse a la ciudad donde trabajaba su padre, ya que esto la separaría de sus animales, a quien consideraba miembros de su familia. Como prueba, la menor presento un dibujo en el que estan sus familiares humanos y no humanos. El tribunal discutió ideas sobre derechos fundamentales, procedimientos policiales y el significado de una "familia". El tribunal sostuvo que la policía violó el “derecho a arraigarse” de la demandante y reconoció que los animales pueden ser miembros fundamentales de una familia. |
| M.J.G.G. v. Policia Nacional, 2024 - multispecies family (Colombia) |
This case regards a 7-year-old plaintiff who brought a tutela action against her father’s employer, the police department, for not transferring him to a closer police unit to the plaintiff’s home. The plaintiff lived in a rural town full time with only her grandmother and several animals. She did not want to move to the city where her father worked, as it would separate her from her beloved animals. The court discussed ideas of fundamental rights, police procedure, and the meaning of a “family.” The court held that the police violated the plaintiff’s “right to be rooted,” and recognized that animals can very much be core members of a family. |
| Multispecies Family in Latin America | |
| Overview of the Multispecies Family in Latin America | This overview discusses the emergence of the concept of the “multispecies family” in Latin American courts. It gives a brief explanation of the fundamental information that gave rise to the concept of the recognition of the multispecies family including its ties to both national and universal human rights. This paper then discusses and analyzes a compilation of some of the most landmark cases regarding multispecies families |
| PETA's Investigation of Caucaseco Scientific Research Center in Cali, Colombia | Developments and relevant legal materials concerning PETA's investigation into the irregularities and welfare conditions of primates used by the NIH-funded Caucaseco Scientific Research Center, A Colombian institution dedicated to scientific research for the development of a malaria vaccine. |
| Sentencia 10013-103027-2023-00229-00 (0327) - Simona - Colombia (2023) | This is the case of “Simona,” the dog in a family that went through a divorce in 2021. The husband, acting as the plaintiff, filed a lawsuit in the third Family Court to establish a visitation arrangement for their beloved companion, “Simona,” who lived with his ex-wife. The plaintiff argued that Simona was an integral part of their family and that both Simona and him had been emotionally impacted since the separation, as the defendant contended that visitations were distressing for Simona. The plaintiff further contended that Simona used to sleep with him and watch movies, but since she could no longer do so, Simona had become depressed and refused to eat. The family court dismissed the case, stating that it fell under the civil court’s jurisdiction. The Superior Tribunal of Bogotá resolved the jurisdictional conflict between the third Family Court and the twenty-seventh Civil Circuit Court. |
| Sentencia 25000-23-24-000-2011-00227-01(AP) |
Update: on December 12, 2014, the State Council's Fourth Chamber invalidated the Third Chamber's decision by revoking defendant's license to capture monkeys on the Amazon. This decision resulted from a "Tutela" filed by the defendants arguing procedural and substantive errors. In its decision, State Council stated that the Third Chamber, Subsection C, had violated the fundamental rights to due process and scientific investigation. Therefore, defendants are allowed to hunt and capture night monkeys in the Amazon so long as they meet the requirements and conditions for granting such licenses established in Resolutions 028 of May 13, 2010, and 0632 of June 29, 2919. This case concerns the monkeys used in scientific research in the Colombian Amazon to create a malaria vaccine. In 2012, plaintiff, a primatologist, raised before the Administrative Tribunal in Cundinamarca a series of irregularities incurred by the defendant in the capture and treatment of night monkeys (Aotus vociferans). Through a popular action (A constitutional mechanism to protect collective rights), the plaintiff argued that the defendants were violating collective rights such as administrative morality, the existence of ecological balance and the management and rational use of natural resources, and public safety and health. The defendant, "Fundación Instituto de Inmunología de Colombia" (FIDIC), is a scientific institution dedicated to research and scientific study for creating and developing chemically synthesized vaccines. Manuel Elkin Patarroyo, the Director, is a renowned Colombian scientist and the creator of the first vaccine against malaria accepted by the World Health Organisation (WHO). Patarroyo had a license to hunt and capture 800 primates of this species per year for his research against malaria. In her complaint, plaintiff alleged that Patarroyo was illegally trafficking monkeys from Brazil and Peru to Colombian territory, as there was evidence that they were using monkeys from across the border with these countries without complying with legal importation requirements. Furthermore, the plaintiff argued that the defendant was experimenting on monkeys of a different species (Aotus nancymaae) found in Peru and Brazil, for which they did not have the corresponding license. Plaintiff also alleged that specimens of both species were acquired by paying members of native indigenous groups, who captured the animals without permit or supervision from respective authorities. In addition, the plaintiff alleged that governmental authorities did not perform inspections, and there were no records of how many specimens were being used and how they were being treated. Finally, the plaintiff alleged that the defendants released surviving monkeys infected with malaria back into the wild once they were of no use to the laboratory, ignoring the risks that this posed to the ecosystem and indigenous communities. The Administrative Tribunal in Cundinamarca ruled in favor of the plaintiff, revoking the defendant's permit to capture monkeys in the Amazon. Defendants appealed the decision before the Third Chamber of the State Council, which affirmed the revocation of the license. The State Council stated that the defendants had violated the collective rights and affirmed the license revocation to protect the collective rights of wild animals, particularly of the Aotus Vociferans monkeys. This ruling suspended the investigations and ordered disciplinary investigations against the governmental authorities that issued the license. In affirming the tribunal's decision, the court stated: "To the Colombian legislator, animals and plant species (for example, forests, the Amazon, páramos, water sources, resources, etc.) are subject to rights. Therefore, through popular action, any person can request their protection by acting as an unofficial agent of these entities without it being possible to acknowledge that it is a collective-subjective right belonging to society. On the contrary, it is about the express recognition by the Constitution and the Colombian legislator of attributing value in themselves to animals and plant species, for which, in each specific case, the judge must make a judgment by weighting competing interests" (...) "humans can use animals for survival, company, research, work, or recreational activities, but without violating the rights that assist them." |
| Sentencia C-041, 2017 | Sentencia C-041 is one of the most important court decisions on bullfighting. On this occasion, the court held unconstitutional Article 5 of Ley 1774 of 2016 that referred to the Article 7 of the Statute of Animal Protection. Article 7 contains the seven activities that involve animals for entertainment that are exempted from the duty of animal protection. The practices permitted correspond to rejoneo, coleo, bullfighting, novilladas, corralejas, becerradas and tientas (all variations of bullfighting), cockfighting and all the related practices. Even though the court held that the legislature had fallen into a lack of constitutional protection towards animals, and stated that bullfighting was cruel and inhumane, it deferred the effects of its sentence and gave Congress a two-year period to decide whether bullfighting and the other exception established in Article 7 of the Statute of Animal Protection will continue to be legally allowed. If after this period, the Congress has not legislated on the matter, decision C-041, 2017 will take full effect and bullfighting along with all the practices established in Article 7 will be considered illegal. |
| Sentencia C-045/19 |
This Constitutional Court's decision declares sport hunting illegal in the entire territory. In its reasoning, the court stated that sport hunting is not an exception to the duty to protect animals against cruelty, as it does not satisfy any objective or purpose compatible with the Constitution. "It is not an expression of religious freedom, nor intended for food or medical or scientific experimentation. It is not done to control the species population and is not a deeply rooted cultural manifestation." The court further stated, "The sacrifice of an animal by humans is an extreme form of mistreatment as it eliminates its very existence and is an act of annihilation. When it is unjustified, an animal's death is cruel because it means understanding that the animal is exclusively a resource available to humans. Sport hunting, in short, is a harmful act insofar as it is aimed at capturing wild animals, either by killing, mutilating or catching them alive." "What happens here is an example of how the content and scope of constitutional norms adapt to a changing society. It is about the concept of a Living constitution, in which its scope and content take shape with the political community's economic, social, political, and cultural changes." Other forms of hunting, such as subsistence hunting, hunting for scientific and research purposes, and controlled hunting, continue to be allowed under the circumstances delineated by laws and regulations and with prior authorization of the natural resources managing authority. |