In a historic decision for animal protection, the Justice of the Autonomous City of Buenos Aires recognized seven canaries as subjects of rights, in their capacity as sentient beings.
It also ordered their definitive custody to the NGO “Pájaros Caídos” and now the 7 canaries live in a shelter. The resolution was issued in the context of a judicial process for animal abuse against two people who kept 14 bird specimens in deplorable conditions in their home. Only 7 survived.
The case originated from a raid carried out in May 2023. On that occasion, it was found that the canaries lived crowded in rusty cages, with fecal matter accumulation, lack of ventilation, and inadequate access to food.
Animal welfare standards
These conditions, according to expert reports, violated the minimum animal welfare standards established by National Law 14,346.
The Special Prosecutor’s Office for Environmental Matters (UFEMA), under the Public Prosecutor’s Office of the Autonomous City of Buenos Aires, was in charge of promoting the case and requesting that the canaries be declared as sentient beings and subjects of rights.
A precedent-setting ruling
The decision of the Buenos Aires Justice not only sanctioned the breach of duties of individuals towards animal care, but also advanced by recognizing the canaries as subjects of rights.
Based on local, national, and international legislation, the ruling emphasized that animals, as sentient beings, deserve effective judicial protection to ensure their well-being.
“This is the first time that birds have been declared as subjects of rights in the country. It is a historic ruling that will help better protect animals. It opens a tunnel of light for other people who detect mistreatment of birds to report and demand,” said Clara Correa, president of the organization Pájaros Caídos.
Her NGO is dedicated to recovering specimens and raising awareness that birds can be enjoyed when they are in the wild.
Legal grounds for the resolution
The judicial resolution cited the National Constitution, which in Article 41 ensures the right to a healthy environment, and the Constitution of the City of Buenos Aires, which promotes the protection of urban fauna.
In addition, international treaties were mentioned such as the Universal Declaration of Animal Rights and the 2012 Cambridge Declaration, which reinforce the recognition of animals as sentient beings.
Evolution of the concept of animal rights
The concept of animal rights is crucial in the recognition of domestic canaries as subjects of rights.
It has historical and philosophical antecedents that help contextualize the ruling. From Jainism and Hinduism, with the notion of “ahimsa” or non-violence towards all forms of life, to modern debates, the idea of protecting animals has evolved as an ethical and cultural struggle.
In the 18th century, the British philosopher Jeremy Bentham stated that what matters is not whether animals can reason, but whether they can suffer.
This argument, in his work “An Introduction to the Principles of Morals and Legislation” (1789), became the starting point for considering animals as beings deserving of moral rights. His premise, “the capacity for suffering… is what matters,” remains central in current debates.
Later, in the 20th century, the Australian philosopher Peter Singer revitalized that perspective. In his book “Animal Liberation,” he denounced speciesism, which is arbitrary discrimination against animals based on species. He postulated that the interests of animals should be considered at the same level as humans.
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