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    HomeFuture PerfectMexico only has animal welfare in its national constitution

    Mexico only has animal welfare in its national constitution

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    President Claudia Sheinbaum smiles during a press briefing.

    President Claudia Sheinbaum during a daily morning briefing at the National Palace on October 14, 2024 in Mexico City, Mexico. | Emiliano Molina/ObturadorMX/Getty Images

    This week was a big win for animals across Mexico.

    On December 2, Mexican President Claudia Sheinbaum signed a set Constitutional reform That would pave the way for a comprehensive federal animal welfare law. The changes represent the first reference to inhumane animals in the Mexican constitution, marking a milestone achievement for Mexico’s animal rights movement, which has for years drawn attention to widespread animal cruelty and extreme confinement in the country’s growing meat industry.

    “It’s huge,” said Dulce Ramirez, executive director of Animal Equality Mexico and vice president of Animal Equality’s Latin American operations. These constitutional changes come after two years of campaigning by animal advocacy organizations, including Aygouldad Animal Mexico, Humane Society International/Mexico (HSI/Mexico), and Movimiento Consiencia.

    These reforms are unique internationally. Although national animal protection laws are not uncommon, most countries have no mention of animals in their constitutions. Angela Fernandez, a law professor at the University of Toronto, told Vox that the constitution is “a reflection of where we are socially,” making any constitutional reform symbolic.

    Beyond Mexico, Nine countries Their constitutions include references to animals, but those references are usually brief and open to interpretation. “Mexico is different,” Kristen Stilt, faculty director of Harvard Law School’s Animal Law and Policy Program, told Vox. “It’s longer, it’s more specific. It’s in several provisions. It’s not just a general statement.”

    Many countries have laws against animal cruelty, including the United States All 50 states There are anti-cruelty laws, but that doesn’t mean they have been particularly effective in stopping violence against animals. Part of the problem is that these laws are often exemption Farmed animals such as cows, pigs and chickens, thereby leaving the overwhelming majority of animals harmed by humans excluded from protection. This is where Mexico’s reforms differ: they are intended to protect all animals, including farmed animals and other exploited species.

    The reforms in Mexico, the world’s largest Spanish-speaking country, represent a major advance in animal welfare worldwide That could set a precedent for other countries in Latin America, where a vibrant animal rights movement has emerged in recent years, said Macarena Montes Franceschini, a fellow at Harvard Law School’s Animal Law and Policy Program.

    Still as one of the top producers in the world beef, the chicken, pork, milkAnd the eggHumane Society International/Mexico executive director Anton Aguilar said Mexico has an intensive animal agriculture industry similar to that of the United States. Business interests will no doubt seek to influence the writing of animal welfare laws that may affect their bottom lines, as in the United States and elsewhere. The question now is what changes the constitutional reforms will actually bring to animal law in Mexico, and how effective they will be.

    What will this reform do?

    The reforms consist of changes to three separate articles of Mexico’s constitution. The most fundamental change amends Article 73 of the Constitution, which dictates Congress’s lawmaking powers. The article now empowers the federal government to enact laws relating to animal welfare and protection.

    Previously, animal welfare was largely left to local and state authorities, and the result was uneven legislation and enforcement across the country. While all states in Mexico have animal protection laws, only three have farmed animals: hidalgo, KolymaAnd as of last month, OaxacaFollowing pressure from animal advocates. And although Mexico has one Federal law on animal health which focuses on farmed animals and contains some extensive references to animal welfare, was created to protect the health of humans rather than animals. Same goes for Mexico Federal Wildlife Actwhich was written with a focus on sustainability and conservation rather than protecting individual animals from cruelty.

    Perhaps the most significant piece of reform is an amendment to Article 4 of Mexico’s constitution that prohibits mistreatment of animals and mandates the Mexican state to guarantee the protection, adequate treatment, and preservation and care of animals. The language is broad, Ramirez said, but he sees it as a significant improvement over existing animal welfare laws. She and other advocates worked to ensure that no animal was left out, especially given that farmed animals have historically been excluded from animal protection.

    “It’s really important to start with this first step in Mexico — but a big one — because now it’s all animals” that are covered, Ramirez said.

    Amendments to Articles 4 and 73 make federal legislation for animal welfare. Under these reforms, Mexico’s Congress is directed to write a first-of-its-kind general law on animal welfare, care and protection, a comprehensive bill that will address and develop regulations to prevent mistreatment of all types of animals, including farmed ones. Animals, wildlife, laboratory animals and companion animals, Aguilar said.

    These general animal welfare laws require consideration of animals’ “nature, characteristics and relationship to humans”. Reform Decree Released last week. What does this actually mean? Ramírez gives the example of chickens: Part of the natural behavior of these animals is to be able to move around with their wings spread. But if hens are confined in cages, as is standard practice on egg factory farms, they can do none of these things. Now, the idea is to create legal criteria that will consider the ability to express these natural behaviors as part of their well-being. (The language can also be interpreted to prioritize human needs, however – specifically the reference to animals’ “link to humans.” Animal Equality says they would interpret this through an animal welfare lens, and with the term “link” owed to humans. Animals .)

    Finally, Article 3 of Mexico’s constitution, which deals with the education system, was amended to require the inclusion of animal welfare in the school curriculum for grade school and high school students. Aguilar says this change could help “shift and change attitudes in a very permanent, long-term way” for future generations. But the new constitutional language is vague, and the devil is in the details.

    What’s next for animal welfare in Mexico?

    Advocates in Mexico have two focuses, Ramirez and Aguilar said: turning the General Animal Welfare Bill into a strong law and working with the Ministry of Education to meaningfully implement animal welfare into the national curriculum.

    It will also be important for lawmakers working on new animal welfare bills to avoid industry capture. A variety of stakeholders, including academic experts, animal-related professions such as veterinarians, and powerful corporate interests such as animal agriculture producers, will want a say in what regulations go into law.

    Asked about what concerns he might have about implementing the reforms, Fernandez first pointed to business interests. “What is going to be a liberal justification that is perhaps too art-directed?” he asked. Animal Equality also told Vox via email that there have been times when Mexican authorities have failed to enforce the law, even in situations where they have been tasked to do so.

    But the animal welfare movement has ties across the political spectrum that will likely work to its advantage when proposing what goes into this legislation. Ramirez told Vox that Animal Equality Mexico works with both liberal and conservative parties to find agreement on animal rights. Despite political polarization in Mexico, animal welfare reform has moved “very quickly” through both houses of the legislature, Aguilar said. Unanimously in each

    “Animal issues are issues where political forces can find common ground,” he added.

    The leftist Morena Party, of which recently elected President Sheinbaum is a member, also holds a majority in both of Mexico’s legislative chambers. Before signing the constitutional reform, Shinbaum His voice of support For them in his first address as the country’s leader.

    But there’s also an internal challenge, according to Aguilar and Ramirez. Animal welfare organizations covering different species and different aspects of animal welfare need to act as a united front. Some groups’ work focuses primarily on the protection of farmed animals, others focus on banning bullfighting and cockfighting, and some have a focus on companion animals. It can be difficult to settle on a proposal that works for everyone.

    Ensuring meaningful implementation and enforcement will also be a key concern. “You can reduce obviously good language by poor enforcement,” Stilt said.

    “I think the worst thing that could happen is that it’s a nice provision of the constitution and nothing else,” Montes Franceschini said. “Seeing no change for the government, not resourcing, not funding, not staffing, not teaching police officers how to mistreat animals. I think that would worry me.”

    The future of animal welfare will be decided in the Global South, where meat consumption and American-style factory farming are on the rise. Animal welfare advocates in Mexico are venturing into new, more ambitious, potentially more influential territory, a testament to the movement’s strength and political awareness. Other countries will also see.

    “It’s going to get pretty interesting,” Aguilar said. “I’m hopeful that we’ll come up with a good compromise that’s good for the animals.”

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