Chile

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CL - Cruelty - Ley 20.380

Summary:

The animal protection statute applies to all animals and strengthens the penalties established in the criminal code for animal cruelty. Under this statute, animals are sentient living beings, that are part of nature. They must be treated respectfully and unnecessary pain must be avoided. Every person that owns an animal must provide food and shelter that is adequate to their minimum needs, and must not restrict their freedom of movement in an unnecessary manner. This is true especially if it causes suffering or if it alters the normal development of the animal. Some important aspects of this law include the establishment of the duty to teach children in schools to protect and respect animals. It prohibits animal experimentation in schools and regulates the production of livestock (confinement, breeding, transport, and slaughter). The livestock service (SAG) oversees the compliance of this law during the production of livestock, and the handling of animals by zoos, circuses, and veterinary centers. However, violations of the dispositions of this law carry out monetary fines only.

Corte Suprema Rol N°50.969-22

Summary:

In July 2022, the Interspecies Justice Foundation filed the first writ of habeas corpus for a non-human animal in Chile. The petition urged the court to recognize Sandai, a 28-year-old orangutan to be recognized as a non-human person and subject of rights, and therefore, to end his captivity in Buin Zoo in Chile. The plaintiff argued that Sandai lived in conditions unfit for his species. One of the expert testimonies submitted to the court stated that “Sandai’s body language reflects a depressed, defeated, and vulnerable emotional and psychological state, which is normal if we consider the conditions in which Sandai is being kept.” The Chilean Supreme Court upheld the decision of the lower court denying the admissibility of the habeas corpus filed on behalf of Sandai. In dismissing the appeal, the court stated that the constitution in its article 19 refers to persons and that in accordance with the Royal Spanish Academy, persons are individuals of the human species. Therefore, Sandai does not meet the legal requirements to be protected under this legal mechanism. Thus, upholding the decision of the Court of Appeals of San Miguel on July 27. Furthermore, with the purpose of protecting the well-being of Sandai, the Supreme Court ordered the Livestock Service (SAG) to adopt all appropriate measures to guarantee that the Buin Zoo complies with the law, specifically attending to Sandai’s case, stating: “that the deprivation of his liberty does not cause him suffering and any other alteration of its normal development, verifying that they have the appropriate facilities for his species, avoiding all mistreatment and deterioration of his health”.

Ley Nº 19.162, 1992

Summary:

This constitutes "The Meat Law." Establishes the compulsory system of classification of livestock and nomenclature of meat. It also regulates the operation of slaughterhouses, refrigerators, and establishments of the meat industry.

LEY 21.020

Summary:

This law establishes the rights and responsibilities of those in possession of companion animals and establishes general duties such as adequate treatment, and meeting the needs of the animal according to their species. Some important aspects of this law include the prohibition of companion animal fighting when it is organized as an event, the training of animals to reinforce aggressive behavior, and the sacrifice of animals as a method of population control. It also prohibits the abandonment of animals and the selling of animals in the streets. It strengthens penalties for animal cruelty in the criminal code and Law No. N°20.380 (Animal protection statute), and imposes jail time and an absolute prohibition to possess animals for those found to commit animal cruelty.

Decreto 28, 2013

Summary:

This Decreto contains the regulations for the protection of animals that are used for meat, leather, feathers, and other byproducts by imposing the use of rational methods to avoid unnecessary suffering during technical procedures and slaughter.
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