LEGAL (R)EVOUTION?: Mexico just put animal welfare into its national constitution
While national animal protection laws are not uncommon, they make no mention of animals in their Constitutions. Many have not been particularly effective at stopping violence against animals, since they very often exempt farmed animals such as cows, pigs, and chickens, thereby excluding from protection the overwhelming majority of animals that suffer at human hands. Mexico’s reforms are intended to protect all animals, including farmed animals and other exploited species.
SAM DELGADO: Mexican President Claudia Sheinbaum signed a set of constitutional reforms that will pave the way for a comprehensive federal animal welfare law. The changes represent the first-ever mention of nonhuman animals in the Mexican Constitution, marking a milestone achievement for Mexico’s animal rights movement, which has for years been drawing attention to pervasive animal cruelty and extreme confinement in the country’s growing meat industry…
These reforms are internationally unique. While national animal protection laws aren’t uncommon, most countries have no mention of animals in their Constitutions. Constitutions are “a reflection of socially where we are,” Angela Fernandez, a law professor at the University of Toronto, told Vox, making any constitutional reform symbolically a big deal. Beyond Mexico, nine countries include references to animals in their Constitutions, but those mentions have generally been brief and open to interpretation…
Plenty of countries have laws against animal mistreatment, including the US, where all 50 states have an anti-cruelty law, but that doesn’t mean they’ve been particularly effective at stopping violence against animals. Part of the problem is that these laws very often exempt farmed animals such as cows, pigs, and chickens, thereby excluding from protection the overwhelming majority of animals that suffer at human hands. That’s where Mexico’s reforms stand out: They’re intended to protect all animals, including farmed animals and other exploited species.
The reforms comprise changes to three separate articles of Mexico’s Constitution. The most foundational change amends the Constitution’s Article 73, which dictates what Congress has the authority to legislate on. The article now gives the federal government the power to issue laws on animal welfare and protection.
Previously, animal welfare was largely left up to local and state authorities, and the result has been uneven laws and enforcement across the country. While all states in Mexico have animal protection legislation, just three include farmed animals: Hidalgo, Colima, and as of last month, Oaxaca, following pressure from animal advocates. And though Mexico does have a federal law on animal health that focuses on farmed animals and includes some broad mentions of animal welfare, it was created to protect human health rather than animals. The same goes for Mexico’s federal wildlife law, which was written with a focus on sustainability and conservation, rather than on protecting individual animals from cruelty.
Perhaps the most significant part of the reforms is an amendment to Article 4 of Mexico’s Constitution prohibiting the mistreatment of animals and directing the Mexican state to guarantee the protection, adequate treatment, and conservation and care of animals. The language is broad, Ramirez says, but she sees it as a substantial improvement over existing animal welfare laws. She and other advocates worked to ensure that no animals were excluded, particularly given that farmed animals have historically been left out of animal protection. “It’s really, really important in Mexico to start with this first step — but a big one — because now it’s all animals” that are covered, Ramirez said.
The changes to Articles 4 and 73 tee up the creation of federal legislation on animal welfare. Under these reforms, Mexico’s Congress has been directed to write a first-of-its-kind General Law of Animal Welfare, Care, and Protection, a comprehensive bill that would address and develop regulations preventing the mistreatment of all types of animals, including farmed animals, wildlife, animals in laboratories, and companion animals, Aguilar said.
This general animal welfare law will need to consider animals’“nature, characteristics and links with people,” according to the reform decree released last week. What does this actually mean? Ramirez gave the example of chickens: Part of the natural behavior of these animals is to be able to spread their wings and move around. But if chickens are stuck in cages, as is standard practice on egg factory farms, they can’t do either of those things. Now, the idea is to develop legal criteria that would consider the ability to express these natural behaviors as part of their welfare. (The language could also be interpreted to prioritize human needs, however — particularly the reference to animals’ “links with people.” Animal Equality said they would interpret this through an animal welfare lens, and with the word “link” invoking what humans owe animals.)
Finally, Article 3 of Mexico’s Constitution, which pertains to the education system, was also amended to require that animal welfare be included in school curricula for grade school and high school students. Aguilar said this change could help “attitudes shift and change in a very enduring, long-term way” for future generations. But the new constitutional language is unspecific, and the devil is in the details. SOURCE…
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