The Court of First Instance in Criminal, Misdemeanor and Offenses No. 12 of the City of Buenos Aires approved the suspension of the trial in a case for keeping animals in inappropriate places and declared legal subjects two ornamental fish of the species Carassius Auratus.
The lawsuit was initiated by the Asociación Civil Santuario Jaulas Vacías, which highlighted that it is the first time this legal condition is recognized for fish in Argentina.
The Case
- The accused must comply with conduct rules for eight months.
- Among them: participate in the “Restorative Meetings on Environmental and Animal Law” program, not have animals in his gastronomic establishment, and renounce any rights over the seized fish.
- The animals were permanently handed over to the complainant who had them in provisional custody.
Legal Foundations
The ruling held that non-human animals must be recognized as sentient beings and legal subjects. It cited precedents from the Court of Cassation and Appeals, which establish that:
- Animals are not inert material goods.
- They are holders of rights related to respect for life and dignity.
- Animal Law requires a proactive attitude from States in environmental policy and biodiversity protection.
Ethical and Social Impact
The recognition of fish as legal subjects shifts the patrimonial view and opens a new paradigm:
- Empathy: promotes respect for all forms of life.
- Well-being: obliges to improve care conditions and avoid suffering.
- Responsibility: reinforces the human obligation not to cause unnecessary harm.
Legal and Jurisprudential Impact
- End of objectification: animals are no longer considered mere goods.
- Real defense: allows for harsher punishment of cruelty and mistreatment.
- New rights: recognizes animals as legal subjects.
Current Legal Framework
- Civil and Commercial Code: still classifies animals as goods.
- Law No. 14.346: punishes mistreatment and acts of cruelty.
- Law No. 22.421: protects wildlife against hunting and illegal trafficking.
Jurisprudential Advances
- Fish and Canaries Ruling: recognized fish and birds as sentient beings.
- Equine Ruling (Mendoza): considered mares as legal subjects in a case of mistreatment.
- Alimony (Salta): established a shared care regime for a pet after a separation.
“Sentient Law” Project
Seeks to amend the Civil and Commercial Code to:
- Stop objectifying animals.
- Recognize them as non-human legal subjects.
- Regulate adoptions, curb abuses in shows, and consider animal welfare in family disputes.
The ruling on the goldfish Carassius Auratus marks a milestone in the evolution of animal law in Argentina.
Recognizing ornamental species as legal subjects broadens the scope of jurisprudence and reinforces the idea that all animals, regardless of their size or social function, deserve respect and protection as sentient beings.
