The Supreme Court of Justice of the Nation (SCJN) has rejected a legal protection request from a woman practicing Santería who sought authorization to sacrifice animals in her rituals, claiming that her religious freedom would be violated if not allowed. The plaintiff argued that state legislatures did not have the authority to impose protective measures for animals. However, the First Chamber of the SCJN determined that articles 350 Bis and 350 Ter of the Penal Code of Mexico City, which address acts of animal abuse and cruelty, as well as the prohibition of using animals in ritual practices that may affect their welfare, are constitutional.
The SCJN ministers explained that the concepts of "cruelty" and "abuse" are not subjective and should be considered by judges in each specific case to determine whether a crime has been committed. They also highlighted that the regulations in question do not discriminate for religious reasons, but rather recognize animals as sentient beings and establish the legal obligation to respect the life and integrity of all animal species.
In this sense, it was deemed necessary to increase the penalties for acts of cruelty or animal abuse, regardless of the context in which they occur or whether they are linked to religious practices. The penalties were established with a general character for all people, regardless of their religious beliefs, with the aim of discouraging any malicious conduct that may harm, damage, or put at risk the health of animals, including the sacrifice of animals in religious practices.
In summary, the SCJN supported the legislation that prohibits animal abuse and cruelty, reaffirming the importance of protecting the life and welfare of all species, and emphasizing that penalties must be applied equitably to all individuals, without exception.
