Mexico

Summary: The Human Rights Commission of the state of Guerrero, Mexico (Comisión de los Derechos Humanos del Estado de Guerrero) is the administrative authority responsible for overseeing human rights violations and issuing public recommendations and complaints when such violations are attributed to state and municipal authorities and public employees (See Comisión de los Derechos Humanos del Estado de Guerrero). In response to a complaint filed by members of the civil association “Responsible Citizen,” a professor, and students from the Master’s in Law program at the Autonomous University of Guerrero, the Commission addressed concerns against the director of the Zoochilpan Zoo. The complaint alleged violations of the Rights of Nature (recognized in Guerrero’s constitution since 2014) and the right to a healthy environment due to subpar conditions in which the zoo housed its animals. The complainants requested an inspection of the zoo to corroborate the conditions in which the animals were kept, which negatively affected their physical and mental health. During the inspection, the Commission observed animals of diverse species cohabiting, a pond with dirty water, and animals living in small enclosures. In addition, the President of the Institute for Handling and Conservation of Biodiversity stated that the zoo did not meet the standards of the Association of Zoos, breeders, and aquariums (AZCARM). Recommendations were issued, citing substandard conditions such as underweight animals, dirty enclosures, and improper feeder placement. As a result of these inspections, the Commission concluded that the animals were housed in inadequate conditions, violating Art 43, fractions I, XI, and XVII of the state anti-cruelty law. Moreover, it noted that these conditions could impact the human rights to a healthy environment for both visitors and zoo staff. The Commission’s recommendations are as follows: (1) The Secretary of the Environment and Natural Resources of the State is advised to develop and implement the recommendations issued by the President of the Institute for the Management and Conservation of Biodiversity and the General Attorney for Environmental Protection to guarantee the respectful and dignified treatment of the exhibited animals, their protection, and health, and to provide a healthy environment to humans; (2) The Commission recommended ongoing training for the zoo’s staff to cultivate a culture of protection and the dignified, respectful treatment of exhibited animals. This measure also aligns with the protection of the Rights of Nature, acknowledging animals as integral parts of it; (3) The Zoo Director is advised to implement both legal and administrative measures to ensure their animals’ dignified and respectful treatment. This included developing a budget that allocates funds for creating the necessary infrastructure, providing adequate food, and establishing optimal health conditions. These measures would allow wildlife to live in conditions similar to those of their species.

Summary: Brought by the National Human Rights Commission, this action of unconstitutionality seeks the annulment of Article 10Bis, Section II, Subsection i) of the Animal Protection Law of Mexico City. This provision was added through Decree Number 495, published in the city's Official Gazette on December 16, 2020. The provision at issue allowed the Animal Squad (Brigada Animal) to enter enclosed areas where there was a presumption of animal cruelty without a warrant. The Supreme Court of Justice (Suprema Corte de Justicia de la Nación (SCJN)) invalidated section i), section II, of article 10 Bis of the Animal Protection Law of Mexico City.

Summary: The administrative tribunal in Mexico City recognizes companion animals as family members, protected under Article 4 of their Constitution. Citing the Supreme Court of Justice, the tribunal stated that there are different types of families that are protected constitutionally, which includes some families that consider domestic animals their members. This is the decision to an Amparo against a resolution issued by the Institute of Administrative Verification (Instituto de Verificación Administrativa) holding that the owner of a pet boarding facility providing grooming and training services lacked the land use permits to have the commercial establishment. The owner of the pet boarding argued that she would only use 20% of her home for these purposes. After citing comparative law from countries such as Spain, Colombia, and Brazil, the court stated that “currently pets are considered sentient beings that are also part of the family nucleus and require attention and care. Therefore, the service provided by the Amparo promoter has become necessary for people or families also made up of domestic animals, who are looking for a place [to] care for their pets when they are away from their home for a long time” and, as such, these types of families ought to be considered by the authorities. The court stated that domestic animals “play a role of protection, support, company, affection, and care towards humans. Even the reciprocal attachment relationship between people and domestic animals is clear in multispecies families because they are treated as part of the family. They are, in a few words, members of it. Hence the name multispecies or interspecies family.”

Summary: This is a draft of a withdrawn “Amparo” decision, but it is relevant as it highlights the connection between the human right to a healthy environment and the duty to protect animals. In particular, it sheds light on how this right influences the legal assessment of bullfighting’s legality. In this case, the plaintiff, Promociones y Espectáculos Zapaliname, S.A. de C.V., a company whose purpose is to organize bullfighting events, initiated a legal action, known as an “Amparo” against various individuals and governmental entities in the state of Coahuila. The complaint specifically targeted the State Governor, the State Congress, the Secretary of the Government, the State Director of the Official Newspaper, the State Secretary of the Environment, and the State Deputy Director of the Official Newspaper. The plaintiff alleged before the Coahuila’s Second District Court that the 2015 amendment to the law for the protection and dignified treatment of animals in Coahuila, which prohibited bullfighting and similar practices, as well as other associated regulations, infringed upon their rights to employment, property, and cultural expression. The court dismissed the case regarding article 20, fraction XIV of Coahuila’s law for the protection and dignified treatment of animals due to lack of legal interest as the application of these provisions was not substantiated and because such provisions were hetero-applicative. Therefore, the provisions were not applicable. The court also dismissed the “Amparo” regarding Article 20, fraction XIV of the same law. The plaintiff appealed the opinion before the Collegiate Court on Administrative and Civil Matters of the Eighth Circuit, which ordered transferring the case to the Fourth Collegiate Circuit Court of the Auxiliary Center of the Tenth Region. This court upheld the lower court’s decision, deeming the legal action non-justiciable. In addition, the court requested the revision of the case and transferred the case to the Supreme Court of Justice. The Second Chamber of the Supreme Court of Justice heard the case de novo. In this opportunity, the court upheld the constitutionality of article 20, fraction XIV of Coahuila’s animal protection law. The judge held that, “[t]he protection of species is immersed within the very concept of the environment, since animals are part of those elements that comprise it.” The judge held that the right to a healthy environment encompasses the protection of animals, an element of the environment. With this decision, the court moves away from a pure property conception of animals. Moreover, the court underscores the existence of various laws that recognize the need to treat animals humanely and prohibit cruel treatment towards them. These laws include the Federal Animal Health Law, the General Law of Ecological Balance and Environmental Protection, the General Wildlife Law, and the Mexican Official NOM-033-SAG/ZOO-2014. It is important to note that, despite the absence of a national anti-cruelty law in Mexico, these regulations serve as a foundation for animal welfare, even though Mexico does not have a national anti-cruelty law. The court further states that this legal framework shows that the constitutional right to a healthy environment enables the ban on bullfighting established in the amendment of the Coahuila law the plaintiff seeks to invalidate. Such a law is a means to fulfill the general laws enacted to protect and treat animals with dignity. By allowing this cruel practice, the court also asserted that animals suffer and die for the sake of entertainment, which causes a detriment to the general societal interest to protect the human rights to a healthy environment related to the protection and conservation of species established in Article 4 of the Constitution. In addition, the court further stated that invalidating this amendment would constitute a regression that would diminish the need for governments to adopt gradual measures to protect animals.

Summary: This decision concerns the review of a writ of Amparo filed in 2016, which looks at the constitutionality of cockfighting and whether it should be considered a cultural practice. The President of the Mexican Commission for Cockfighting Promotion and Efraín Rábago Echegoyen filed a writ of Amparo with a District Court of Veracruz, Mexico, against the governor and Congress of the state of the same state. Plaintiff argued that a newly enacted state decree banning cockfighting infringed upon fundamental rights, including the right to culture, right to property, freedom of work, and the right to equality and non-discrimination. Despite the Plaintiff’s arguments, the District Court affirmed the decree’s constitutionality, which amended Veracruz’s animal protection law. Subsequently, the plaintiffs sought a review of the Amparo with the Supreme Court of Justice, which accepted the case and conducted a de novo review. In affirming the lower court decision, the judge used the proportionality test around the alleged violation of rights to culture, property, and freedom of work. The judge found that the defendant’s arguments had no legal basis. Regarding the right to culture, after an exhaustive analysis of the meaning of this right, the Supreme Court stated that cockfighting did not constitute a violation of this right. The court recognized that this practice was a cultural tradition. However, the question was whether such cultural manifestation was protected under the Constitution. In the case of cockfighting, the cultural expression did not directly affect humans, but rather the animals used and, to the high court, cockfighting was not covered by the right to participate in a cultural life. The court stated that culture is not admirable because it is traditional, but when it carries values and rights that are compatible with human dignity and mutual respect with other humans and nature. This means that the right to culture is not absolute, and, in fact, it is limited. Therefore, “any practice that involves the abuse and unnecessary suffering of animals cannot be considered a cultural expression protected by the Constitution. Regarding the right to property and the right to work, the court stated that these constitutional rights were not absolute and that their scope was limited by public interest. The right to work, in particular, was limited to the legality of the activity, the rights of third parties, and the rights of society in general. In weighing these rights, the court concluded that animal protection was a legitimate reason to limit fundamental rights, in particular, of the plaintiffs in this case because animal welfare is a purpose that is compatible with the purpose of a constitutional democracy. In other words, even though animals are not subjects of rights, their well-being is a legitimate limitation to some human rights. Cockfighting is a practice that inflicts severe physical harm on these birds, typically culminating in the death of at least one of the animals. Due to the nature of this practice, the court deemed that prohibition was the appropriate measure to safeguard the welfare of these animals.

Summary: This is a decision of the Supreme Court of Justice of Mexico pertaining to a 2019 decree of Nayarit declaring horse racing, bullfighting, cockfighting, and similar practices intangible cultural heritage of the state. A civil association whose mission is to help protect the environment and animals brought an Amparo against the decree, arguing a violation of the right to a healthy environment, as bullfighting and cockfighting are cruel activities where animals are tortured and killed. The Supreme Court analyzed three main questions: (1) What activities can be protected by cultural rights? (2) Does the right to a healthy environment protect animals from abuse or suffering by humans? (3) Can “bullfighting and cockfighting” be constitutionally protected by cultural rights? In answering the first question, the court held that the human right to cultural participation cannot be used as an excuse to violate or destroy other human rights. On the contrary, its exercise must allow the harmony and development of the other rights recognized in our country. Therefore, while some activities, expressions, or manifestations are perceived as “cultural” to society, it is crucial to acknowledge that, from a constitutional standpoint, only those fully aligned with human rights can be officially recognized as such by our nation. Regarding the second question, the court held that “[t]he human right to a healthy environment is a broad concept that includes animal life and well-being, conceiving animals not only as members of a single species or group of species, but also as individual living beings capable of experiencing fear, suffering, and pain.” Moreover, the court stated that it meant that “one of the demands of the right to a healthy environment implied that human beings must live in harmony with other species, not because these species are 'persons,' but because people – that is, human beings – should not behave in a way hostile and cruel towards animals. On the contrary, they must consider animals as beings that must be respected and treated in a decent manner to preserve and be faithful to their moral responsibility as the main driver of the destiny of other species.” Lastly, addressing the third question on whether “bullfighting and cockfighting” should be constitutionally protected under cultural rights, the court concluded in the negative. This decision was based on the recognition that these activities involved the infliction of agony, suffering, and even death upon animals solely for the sake of entertainment, sport, or recreation. The court granted the Amparo and held that the state of Nayarit lacked the power to declare bullfighting and cockfighting intangible cultural heritage as it is a power only the federation has, and not the states, according to the interpretation of the Federal Constitution and the General Law of Culture and Cultural Rights.