The Justice of Mendoza issued a resolution that sets a key precedent in Argentina: the mares Dulce and Batata were recognized as sentient beings and subjects of rights in the context of a case involving clandestine slaughter of horses in Corralitos.
The ruling adds to the main investigation that months ago led to the rescue of 19 horses and now concluded with the effective sentencing of a defendant, a member of the same family group. The sentence included:
- Effective compliance penalty.
- Two-year disqualification for the possession and handling of animals.
- Definitive confiscation of the two mares.
Definitive custody and protection
The resolution ordered that Dulce and Batata remain under the custody of the Asociación Protectora Equina Mendocina Podemos Ayudarlos (PEMPA), an organization that actively participated in the rescue.
According to the investigation, the convicted person attempted to hide the mares in a neighboring property upon noticing the arrival of the Police, but they were eventually recovered and safeguarded.
Legal recognition of animals
PEMPA highlighted the importance of the ruling:
“This resolution constitutes a new advance in the legal recognition of non-human animals as victims deserving of effective protection,” said lawyer Jerónimo Allende.
The case reinforces a growing trend in Argentine courts, where animals are beginning to be considered beyond their status as property, recognizing their capacity to feel and suffer.
Legal landscape in Argentina
Currently, the Civil and Commercial Code categorizes animals as movable property. The main protection norm is the National Law 14.346, which penalizes acts of cruelty and mistreatment, but without changing their legal status.
However, there are advances:
- Sentient Law Projects: initiatives in Congress seek to reform the Civil Code to recognize animals as non-human sentient persons.
- Historical jurisprudence: in Buenos Aires, the justice declared seven canaries as “subjects of rights,” ordering their custody to an NGO.
- Provincial regulations: Mendoza regulated the use of medicinal cannabis for pets, recognizing animals as sentient beings.
A cultural and legal change
The case of Dulce and Batata reflects how society and justice are moving towards a paradigm that recognizes animals as non-human subjects of rights. This change implies:
- Greater protection against mistreatment and exploitation.
- Legal custody in the hands of specialized organizations.
- Precedents that strengthen the fight for more advanced national legislation.
The rescue and recognition of Dulce and Batata as sentient beings in Mendoza constitutes a milestone in animal protection in Argentina.
Although national legislation still considers them “things,” judicial rulings and ongoing projects show a path towards the full recognition of animals as subjects of rights, capable of receiving effective protection against violence and mistreatment.
