Ministers of the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) approved by majority vote the proposal of Yasmín Esquivel Mossa to attract a review resource derived from the amparo that seeks to prevent the animal isolation of the Eli’s elephant at the Aragon Zoo.
The project presented by Minister Esquivel Mossa proposes to attract a matter of legal interest to study the protection, well-being, as well as the dignified and respectful treatment of animals in captivity in zoos and to promote a culture of responsible care and guardianship.
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Minister Esquivel specified that the exceptional nature of the matter implies analyzing, first, whether the complaining party has the legitimate interest to promote the amparo trial on behalf of the elephant Ely and, subsequently, studying what is related to the protection of animals, recognized in the Constitution of Mexico City, in light of the human rights to a healthy environment and good administration.
As such, it will be possible to define the standards that the CDMX authorities must use to guarantee the protection, well-being, as well as the dignified and respectful treatment of animals in captivity in zoos and promote a culture of responsible care and protection. .
Furthermore, establish what the obligations of such authorities are aimed at satisfying the basic material and psychological needs with respect to each of the species in captivity.
The resolution of the case could determine whether the person who promoted the amparo trial has a legitimate interest to claim various violations of the elephant’s rights to a life free of cruelty and access to health conditions.
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If legitimate interest does not constitute a cause of inadmissibility, the in-depth study could elucidate the scope of animal protection established in the Political Constitution of Mexico City, as well as the standards that authorities must use to guarantee the protection of animals. material and psychological well-being, the dignified and respectful treatment of animals, the promotion of the culture of responsible care and protection of each of the species that are in captivity in zoos run by the local government and the mayors of this city. There would even be an opportunity to consider whether animals have rights, understood as “sentient beings” different from people.
Once this case is resolved, federal judges would have precise guidelines for trials in which violations of animal rights arise, in light of the rights to a healthy environment and good administration.
EAM