Argentina

Summary: Jorge is an 80-year-old turtle living in the Municipal Aquarium of Medoza, Argentina. In 2021, three animal lawyers filed a habeas corpus on behalf of Jorge, arguing a violation of the turtle’s right to his locomotive freedom and a violation of Mendoza’s law 7.887, 2018, which prohibits the exhibit of animals in circuses or other events. The lawyers stated that Jorge had to be relocated to a more natural environment where he could live the last years of his life, raising concerns for his age and health. After learning that the government is turning the aquarium into a biodiversity center and after consulting with several experts, the tribunal denied the Habeas Corpus as it found the controversy was moot. It also rejected the idea of releasing Jorge into the wild. However, it is important to mention that the tribunal did not oppose his relocation into a sanctuary so long as his physical integrity was protected.

Summary: This case involves a divorced couple that shared two dogs, Burke and Roma. The divorced couple had an arrangement where they shared custody of the dogs. After a domestic violence accusation filed by the respondent that resulted in a restraining order, the petitioner was no longer allowed to see the dogs. The petitioner filed an injunction asking the judge to grant visitation rights (provisional communication regime in Argentina) so he could see the dogs. The petitioner argued that the capricious decision not to let him see the dogs caused him pain, anguish, and concern because Roma and Burke were his family. The judge concluded that from a non-anthropocentric speciest view, Burke and Roma were non-human members of the family created by the parties and that the love for the dogs did not end with the divorce. On the contrary, it had transcended the relationship of the couple. Therefore, neither party could be forced to forget about their relationship with their dogs, severing the solid emotional bond based on years of living together.

Summary: In August 2022, Amorina Bascoy and Emmanuel Medina jointly petitioned for divorce after ten years of marriage. The couple did not have children but shared their life with Popeye and Kiara, their two beloved dogs. The couple filed their agreement regarding the division of marital assets and the care of Kiara and Popeye, together with the communication agreement regarding their care and visitation time, where visitation dates and times would be assessed flexibly by both spouses. In this instance, the family judge recognized the agreement reached by the spouses regarding the care of their beloved dogs, where each divorcee would keep the custody of a dog according to each dog's preference. In addition, in her holding, the judge stated that "although our legal system has not yet advanced in such a way that it can anticipate and/or regulate the situation in which members who also make up the family and have joined it -will be after the termination of the relationship, in this case, two dogs, POPEYE and KIARA-, this brings a reality that cannot be denied and a question that must be answered but those of us that have an obligation to provide a response because, it is known, that everything that is not prohibited by law is otherwise permitted, even in the absence of specific rules that establish it." the judges continues "Thus, we can say that it is known that animals, especially domestic ones, are sensitive beings, who feel, miss, rejoice, suffer, and who acquire habits, the reason why it is undoubted that the change that will produce the separation of the spouses, will also affect them. It will be their owners, then, who are in a better position, to look out for the dogs' interests. Such an understanding has been accepted in some countries, such as Spain, in the same way as in our jurisprudence. This case joins the set of cases in Argentina, such as the Tita and Sidney cases, and other countries in the region where the consideration of animals as non-human persons is becoming more common among judges."

Summary: "Poli" was a mutt dog that was tied to the bumper of a car by the defendant and dragged at high speed for several miles. Poli sustained severe injuries as a result of being dragged by the car. After the incident, the defendant untied her and left on the road to die. The defendant was found guilty of the crime of animal cruelty, under "ley 14.346." the judge held that this law "protects animals as subjects of rights, and the defendant's conduct was not against an object or a "thing," but rather against a subject deserving of protection." The defendant was sentenced to 6 months of suspended imprisonment for the crime of "animal mistreatment and cruelty." In addition, the judge ordered the defendant to provide food weekly for the animals in A.M.P.A.R.A (The ONG that filed the police report), with the purpose of giving the defendant the opportunity to learn firsthand that “all animals in general, and dogs, in particular, are sentient beings, that have feelings, suffer, cry, and that their right to live, freedom, and integrity has to be respected…” this, with the purpose to prevent the defendant from committing animal cruelty crimes in the future.

Summary: Coco was a 6-year-old male howler monkey (an endangered species) that was found in the defendant's house in a neglected condition. He had bone deformities, was malnourished, and had restricted mobility as his limbs were not moving properly. His canines were extracted to keep him from injuring humans, he had no light or ventilation, and no visible access to food or water. His health was so deteriorated that the veterinarians recommended that he was not reinserted as he would not have the ability to survive in the wild. The judge, in this case, held that the defendants had taken Coco from his natural habitat without a proper permit or authorization, causing Coco unnecessary suffering. In the same line as other courts in Argentina, the judge also held that Coco was a non-human animal, subject of rights based on "Ley 14.346" which grants animals the status of victims. The judge ordered his "total and absolute freedom," ordering Coco’s relocation to a facility specializing in treatment and rehabilitation, “Proyecto Carayá.” regarding standing, the judge stated that “as animals cannot file a lawsuit by themselves and therefore, it is the duty of human beings to represent them in court when their rights are violated.” The court found in this particular case the prosecutor to be the right person to reestablish Coco’s rights.

Summary: This court decision has two important aspects, where the judge recognizes families as multispecies, and non-human animals as sentient beings and subjects of rights. The facts of this case arose from a fatal encounter between the police officer and "Tita," a Pitbull-mix family dog, in March 2020 in the Province of Chubut in Argentina. "Tita" attacked an on-duty police officer, and, when Tita was walking away, the officer shot her in front of her family. The injury was so severe that Tita had to ultimately be put down. The judge, in this case, found that Tita was a non-human person and a daughter to her human family, as she and other companion animals had adapted so well to the family life, that it had turned the family into a multispecies one. Therefore, the loss of Tita was an irreparable one. The judge further stated that in today's world animals are not "things," they are sentient beings and they have the right that their life is respected. The holding of the court was also based on the case of Sandra, the orangutan, and the Universal declaration of animal rights. The police officer was sentenced to one year of suspended imprisonment, professional disqualification for two years, and to pay the attorney and court fees for the crimes of abuse of authority and damages. However, he was acquitted of the animal cruelty charges. Update: In September 2022, the Chubut's criminal chamber of the Superior Court of Justice (the highest tribunal in the province) heard the case on appeal. The court affirmed the verdict of the Trelew’s criminal chamber that set aside the guilty verdict entered against the police officer. The highest tribunal found that, at the incident, Tita was unleashed and unmuzzled. Also, she was aggressive toward the officer, barking and charging at him before he shot her. The tribunal concluded that the officer found himself in imminent danger, which justified his actions, and therefore, he was not guilty as he acted to defend himself. The tribunal found that Sandra's case and the Universal declaration of animal rights did not apply to Tita's case because there were circumstances in which it is necessary to end the life of an animal, and Sandra’s case was brought up as a habeas corpus on behalf of a hominid primate. The recognition of “subject of rights” was granted to Sandra based on the genetic similarity of her species to humans, which is 97%, as opposed to canines’ which is only 75%. It is important to note that the tribunal did not say anything in regard to the status of Tita as a member of her multispecies family.

Summary: This law prohibits hunting or intentional capture of any of the cetacean species specified in the appendix. It establishes fines for those who violate this law of not less than 1 million Argentinian pesos ($1,000,000).

Summary: This law prohibits dog racing of any breed in the entire territory. Organization, promotion, and facilitation of a dog race are punishable by imprisonment of not less than 3 months and not more than 4 years. Together with fines that can go from 4,000 Argentinian pesos to $80,000.

Summary: This law declares the wild fauna in the Territory to be of public interest, as well as its protection, conservation, propagation, repopulation, and rational use. Citizens have the duty to protect the wild fauna, in accordance with the regulations issued by the enforcement authorities for its conservation and management.

Summary: This law creates the "National Program for Responsible Ownership and Health of Dogs and Cats" in Argentina.