Animal Law Update
The Animal Legal Defense Fund’s Animal Law Update is a series highlighting legal and policy developments in the rapidly emerging field of animal law.
Ecuador’s Constitutional Court Rules Wild Animals Are Subjects of Legal Rights Under the Rights of Nature
In January 2022, the Constitutional Court of Ecuador issued a landmark ruling that individual wild animals are subjects of legal rights under Ecuador’s “rights of nature” constitutional provision. The case involved a woolly monkey who was taken from the wild as a baby and kept unlawfully in a private home for 18 years.
Madrid Court Awards Joint Custody of a Dog in a Pioneering Ruling
In a pioneering ruling issued in October 2021, a Madrid court awarded joint custody of a dog, explicitly recognizing the emotional bond between the plaintiff and the animal.
Delhi High Court Rules that Community Dogs Have the Right to Food
In an important decision, the Delhi High Court ruled that community dogs have the right to food and that citizens have the right to feed them. The animal-forward ruling emphasized the species-specific needs and inherent value of community dogs, also called stray or street dogs, and included broad guidance regarding their feeding.
New Arizona Law Distinguishes Companion Animals From Other Tenant Property
“Matthew’s Law” allows landlords to enter a rental unit to retrieve companion animals in the event a tenant dies or becomes incapacitated. It also requires landlords to request an emergency contact for tenants who live with companion animals.
Spain Poised to Recognize Animal Sentience Within Civil Code, Clarifying Animals Are Not “Things”
On April 18, 2021, the Spanish Parliament approved consideration of a bill that would amend the country’s Civil Code to recognize animals are “living beings endowed with sentience” rather than “things,” specifically “moveable property.”
Legal Rights Recognized for Rivers in Florida and Quebec
The global “rights of nature” movement — which seeks to secure legal rights, including standing, for features of the environment like rivers, forests, and ecosystems — continues to advance with two significant developments in North America.
Madras High Court Uses Child Custody Approach to Resolve Dispute Over Legal Ownership of Elephant
In October 2020, the Madras High Court in India resolved an “ownership” dispute involving an elephant named Lalitha using the “best interests” standard used in child custody cases.
After Groundbreaking Animal Rights Ruling, Islamabad High Court Continues to Affirm Original Decision
In the months following a groundbreaking decision from the Islamabad High Court in Pakistan that animals have legal and natural rights, Chief Justice Athar Minallah issued three subsequent orders, each affirming the court’s original ruling and expressing continued interest in the animals’ well-being.
France to End Mink Farming, Use of Wild Animals in Traveling Circuses, and Captivity of Orcas and Dolphins in Marine Parks
As part of a broad package of animal protection measures, France has banned the farming of mink for their fur, captivity of dolphins and orcas in marine parks, and the use of wild animals in traveling circuses. Also included are new standards to improve the well-being of some species of animals held in zoos.
Czech Republic Bans Cages for Hens
On November 13, 2020, the Czech Parliament approved a ban on the use of cages to confine hens used for their eggs or for breeding. Following final approval by President Miloš Zemanh, the new law will become effective in 2027 after a 7-year phase-in period and affect approximately 4.5 million hens per year.
New California Laws Aim to Save More Companion Animals in Shelters
California Governor Gavin Newsom has signed two bills intended to reduce the killing of adoptable companion animals in the state.
Related
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U.S. Supreme Court Upholds California’s Landmark Proposition 12 Animal Cruelty Law
The Animal Legal Defense Fund has helped defend California’s right to enact the strongest farmed animal protection law in the countryMay 11, 2023 Press Release -
USDA Restricting Access to Plant-Based Milks in National School Lunch Program is Dietary Racism
Proposed rule would maintain an unnecessarily complicated and confusing process for children to get access to plant-based milkMay 11, 2023 Press Release -
$5,000 Reward for Information Regarding Six Killed and Mutilated Cows in Three Texas Counties
Cows were killed in Madison, Brazos, and Robertson Counties, Texas.May 3, 2023 Press Release
