No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeEnvironment & WildlifeAnimal welfareSupreme Court deems wording of Animal Welfare Bill unconstitutional

Supreme Court deems wording of Animal Welfare Bill unconstitutional

Costa Rica’s Animal Welfare Bill – which seeks to establish harsher punishments, including prison time, for abusing or killing animals – has suffered a new setback.

On Wednesday, the Constitutional Chamber of the Supreme Court, or Sala IV, ruled that the wording of two articles of Bill #18,298, already approved in a first-round vote at the Legislative Assembly, is unconstitutional.

A majority of Sala IV justices considered that two articles describing fines and prison sentences for those who kill or harm “non-human mammals, birds, reptiles, amphibians, fish and octopods,” violates the principles of reason and proportionality because of the broad range of animals included.

Lawmakers introduced the detailed list following a previous Sala IV ruling in October. The original draft of the bill used the word “animals,” and justices at the time ruled that the term was too broad.

Following the amendment to the bill’s wording, a group of 11 lawmakers who oppose the bill filed a new consultation before the Sala IV challenging the constitutionality of the new draft.

Not binding

Justices noted that their ruling constitutes a clarification and is therefore not binding; lawmakers are not obliged to abide by it. The judges’ opinion could serve as the foundation of a new challenge of the bill before the Sala IV, however, causing the annulment of the questioned articles of the law.

Justices dismissed all other claims filed by the lawmakers. They said in their ruling that all changes related to proposed prison sentences and monetary fines are no longer disproportional.

The maximum prision time was lowered from three to two years, and fines – for example, for not picking up a pet’s droppings in a public space – went from ₡848,000 to ₡212,000 (from $1,500 to $376).

Long road for approval

Lawmakers passed the Animal Welfare Bill in a first round vote in July 2016. In September, the Sala IV deemed disproportional the prison sentences of up to three years for hurting or killing an animal, as well as sanctions and monetary fines of  of up to two base salaries (some $1,500) for individuals found guilty of animal cruelty.

“Cruelty” as defined by those articles would include promoting animal fights, breeding or training animals to increase their aggressiveness, or any action that could cause loss of limb or disability.

Justices also objected to an article proposing monetary fines for neglecting an animal, keeping animals permanently tied up, failing to provide them with medical treatment or medicine, and intentionally provoking pain.

The bill now will go back to a legislative committee for further amendment. Then it will be put up for discussion and vote in a second and final round of debate before the Full Assembly.

Trending Now

Two Costa Rican Hotels Earn Forbes Recognition for Wellness and Luxury

Two standout Costa Rican properties have received prestigious recognition in recent Forbes magazine coverage, highlighting the country’s growing reputation as a global leader in...

Nicaragua reinstates travel visa for Cubans, official says

Nicaragua has reinstated the visa requirement for Cuban citizens, one of its few allies in Latin America, the Nicaraguan government co-led by spouses Daniel...

Costa Rica’s Key Highway to Caribbean Remains Blocked by Slides

Authorities report that Route 32 stays shut down in the Zurquí sector as crews battle ongoing landslides triggered by heavy rains from cold front...

Daddy Yankee Brings Faith-Focused Testimony to Costa Rica

Puerto Rican artist Daddy Yankee plans to visit Costa Rica later this month to present his conference "El Testimonio." The event takes place on...

Costa Rica Faces ₡1 Billion Bill from Home Damages Due to Fires and Floods

Natural disasters and severe weather events led to more than ₡1 billion in payouts for damaged homes last year, data from the National Insurance...

La Fortuna Tops Travel + Leisure’s List as Costa Rica’s Prime Wellness Spot

For those who haven't been here before, La Fortuna sits in the northern part of the country, near Arenal Volcano. The area draws visitors...
L. Arias
L. Arias
Reporter | The Tico Times |
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel

Latest News from Costa Rica