In an act of justice in accordance with the progress of the times and the law, a historic failure of Justice Argentina determined in a ruling that the specimen Cougar concolor, called Lola Limón, be declared as ‘subject of right to the animal non-human’, for the first time in history, with the purpose of protecting the life, emancipation and honor of sentient beings.
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The story arises from the rescue of the Cougarnow 3 years old, who stayed in a home in the Mataderos neighborhood in 2019.
The female specimen lived as pet and after a series of investigations, according to the file presented, it was found that “The cougar was in good health and maintenance conditions”.
The authorities of the Environmental Protection Agency (APrA) received a complaint from a neighbor who alerted the presence of the animal exotic and quickly the cougar Lola Limón was transferred to the Temaikén biopark.
Three years later, the Cougar female named Lola Limón received the sentence that will change her destiny: the Court of First Instance, Juvenile Criminal, Misdemeanor and Offenses No. 3, under the tutelage of Carla Cavaliere, sanctioned the specimen as ‘subject of law’, ordering her freedom total, free of any measure or legal restriction, as indicated by Télam.
In addition, the magistrate granted permission to protect the animal under the responsibility of the biopark authorities.
Almost identical legal situations like that of Lola Limón took place after the Universal Declaration of Animal Rights, in 1977.
On such occasions, female specimens such as an orangutan, a chimpanzee and an elephant, suffered the same fate by obtaining “animal rights” and breaking with the deprivation of liberty.
Professor and specialist in Constitutional Law Andrés Gil Domínguez analyzed the recent case of the Cougar Lola Limón and praised the effective response of the Argentine justice to apply the legal doctrine in the matter of defending the rights of animals.
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In this case, he celebrated the determination that is granted to the specimen, which will be free to be transferred to the ecopark “but not as a thing, but as a subject of law”, for a future decision on a possible transfer to its birth habitat. .
As an example, he cited the similar jurisprudence of animals with diverse histories but with a common denominator, of remaining in the country deprived of their liberty. He referred to the cases of the orangutan “Sandra”, in the year 2019; the chimpanzee “Cecilia”, in 2017; and the elephant “Mara”all transferred to nature reserves that, according to Gil Domínguez, the recent ruling “changes the paradigm and gives meaning to animal law”, being declared a non-human “subject of rights”.
Said sentences are recognized by the expert, who considers that at the international level, “Argentine Justice is number one at the level of recognition of animal rights without a doubt”as “It is the justice that made a deconstructive rupture of the entire world order with the orangutan case Sandra, which Cecilia later gives, this case and the elephant Mara”.
In addition, he added that Argentina is “at a much more advanced level of application of law than many doctoral theses that are being developed in Europe”.
Regarding a particular issue related to the sacrifice of animals, Gil Domínguez, maintained that “The animals we consume are also subjects of rights or non-human persons”but the human right to food “has more weight than the right to life of these animals”, For this reason, the practice and commercialization for food purposes is allowed.
In any case, the specialist in Constitutional Law clarified that it would not be justified “an existence free of abuse, of pain but with the maximum possible well-being”.
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