Overview of the Multispecies Family in Latin America
Catarina Viselli (2024)
In more recent years, Latin America has become a true catalyst for progressive expansion in the animal and environmental law fields. In 2008, Ecuador became the first country to ratify the rights of nature into its constitution, thereby sparking nations across Latin America to begin to more consistently recognize nature as a valuable entity worthy of legal protection.
In this context, “nature” refers to not only the environment but also its comprising individual flora and fauna. Many Latin American nations recognize and respect nature’s value and have begun to place legal protections upon it. Through recognizing the inherent value of nature, Ecuador, joined most prominently by nations such as Chile, Argentina, Peru, Mexico, and Colombia, has begun to move away from the anthropocentric, or human-centered, idea that only humans have inherent or intrinsic value. These countries pave the way for advocates worldwide to consistently defend nature and all of its comprising parts.
Nearly every Latin American nation’s constitution contains the “right to a healthy environment” as a fundamental right to which people are entitled to a healthy and sustainable environment. As mentioned, this environment includes the plants and animals that comprise it. As such, a person may bring a claim that their fundamental rights have been violated if they feel as if something is seriously wrong within their environment in some manner. The idea of the right to a healthy environment has brought about several interesting landmark animal law cases across the continent.
With respect to the fauna, in particular, Latin America generally views animals that belong in some capacity to a human, including companion animals, as movable property. However, it is arguable that most people who own a pet would agree that their pet is not simply a piece of property, but more akin to a true and invaluable member of their family. From this idea, the concept of the multispecies family emerged within Latin American courts.
As an area of law, Latin American courts have expanded the plurality of the meaning of “family” and familial structures for both practical and cultural purposes in order to prioritize the well-being of all family members. These expansions now include, in some jurisdictions, a human family’s companion animals, using the idea of the “free development of personality” to explain and justify related decisions. The idea of “free development of personality” stems from the United Nations 1948 Universal Declaration of Human Rights, in which “everyone is entitled to the realization of the rights needed for one’s dignity and the free development of their personality.” Meaning, that in the case of Latin America, everyone has the right to build their lives the way they see fit, so long as it does not harm others, and to have those choices respected. Here, this also includes one’s decision to add and keep animals into their family.
There have been multiple landmark cases in Latin American courts that exemplify the courts’ recognition and protection of multispecies families. The full paper discusses in detail five landmark cases that have helped shape Latin American animal law and form a concrete basis for the recognition of the multispecies family. Brief introductions to the topics of each of the five cases have been provided below.
- M.J.G.G. v. Policia Nacional regards a 7-year-old girl who brought a Tutela action to keep her multispecies family together after her father’s employer denied her request to transfer him to a closer unit.
- Arotaipe v. Aguirre was brought by a woman after her dog had been attacked and severely injured by the defendant’s two large dogs, who were considered to be “potentially dangerous breeds.”
- Pedroni v. Capello is a case about the custody of two dogs previously shared by a couple before their divorce.
- Baeza v. Gonzalez, too, is a case regarding the custody of two dogs after a couple terminated their relationship.
- Gomez v. National Direction of Drugs is a unique case regarding a family’s plea to have the government supply their beloved family dog with life-saving medication.
These cases, however, are certainly not the only prominent cases within the area of animal law and multispecies families. For further information regarding family law, animal law, animal welfare, rights of nature, and the multispecies family, see also the case of Petunia the Pet Pig, Causa Tita, Bauty the Dog, Sentencia 10012-103027-2023 Simona, and Sentencia STC1926-2023 Romeo and Salvador. These landmark cases provide further background and analysis for each respective scenario and the differing ways in which Latin American courts have legally recognized animals’ sentience and crucial roles within a human family.
Latin American courts’ decisions have sparked a new wave of development within animal law and animal welfare. Latin American courts are continuing to develop both legislation and case law regarding animals as members of human families. The courts have taken a large step away from anthropocentrism and stimulated courts across the continent to officially recognize animals’ crucial roles within families, and thereby accommodate more families for the betterment and welfare of all its members.