Collab: Lucas Ignacio Alvarez, law student with a focus on Economic Law, experience in public state tenders, and founder of Terre Patagonia, passionate about capturing the essence of our landscapes, from the Andean peaks to the endless steppes.
In Argentina, domestic animals are protected by various laws aimed at ensuring their well-being and protecting them from abuse and cruelty.
Fortunately, our country was a pioneer in Latin America in considering non-human animals as subjects of rights, with legislation dating back more than 68 years that provides protection to all non-human species.
Law number 14.346,, known as the "Sarmiento Law" enacted in 1954, establishes penalties ranging from 15 days to one year for those who commit mistreatment of animals. This law is considered advanced for the time it was enacted, although some animal rights organizations view it as insufficient today due to its failure to reflect sociocultural changes. The law details various situations that constitute mistreatment or abuse of an animal, such as failing to provide proper food or using drugs on them without therapeutic purposes. On the other hand, the legislation does not prohibit the use of animals for work, but it does penalize excessive labor, lack of rest, or working conditions that are not physically appropriate. It also considers it a crime to beat animals or force them to pull loads that exceed their streng. In addition to the Sarmiento Law, there is also Law number 2.786 of 1891, which also imposes economic penalties or arrest for those who mistreat animals. This law was a precursor to animal protectionism in Argentina.
Regarding legislation on 'Wildlife Conservation,' illegal wildlife trafficking is a crime related to animal mistreatment. Argentina has specific legislation on wildlife conservation and adheres to international agreements such as the Convention on Biological Diversity and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
At the jurisprudential level (referring to resolved cases for lawyers), there have been cases such as that of "Sandra the Orangutan" who was recognized as a "non-human person" by the Argentine judiciary, setting an important precedent in the consideration of animals as sentient beings with rights to be upheld.
In conclusion, there have been many criticisms regarding the enforcement of these laws, as sanctions are rarely imposed, penalties are mild, and fines are negligible. Additionally, it is noted that abandonment is not considered a form of mistreatment, although there are proposed bills seeking to address this issue #ForABetterWorld.
Our legislation on domestic animals covers protection against mistreatment and cruelty, but faces challenges in its enforcement and in updating its provisions to reflect current values and knowledge about animal welfare.
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