The Board of Directors of the 17th Legislature of the Congress of Baja California Sur took a decisive step toward animal protection by referring to committee an initiative that seeks to transform the legal status of pets in the state. The proposal’s central tenet is the recognition of animals as sentient beings, establishing that their adoption and care always imply responsible guardianship.
This reform, promoted by Representative Erick Ivan Agundez Cervantes, proposes high-impact technical modifications to the Civil Code for the State of Baja California Sur. Specifically, it seeks to amend the title of Chapter II of Title Four of Book Two, section V of article 758, articles 880 and 881, and add article 862 Bis.
The initiative is based on criteria established by the Supreme Court of Justice of the Nation (SCJN), which has determined that animals should not be seen as mere objects, but as beings deserving of legal protection. The legislator cited the ruling in Amparo en Revisión 163/2018 by the First Chamber, emphasizing that a just society must protect sentient beings.
Internationally, the proposal aligns with the principles of the United Nations Environment Assembly. The central argument is that animal welfare is an essential component of the human right to a healthy environment. The way we treat wildlife directly impacts biodiversity and, consequently, the well-being of all people in cities like La Paz and Los Cabos.
How does the reform to the Baja California Sur Civil Code impact responsible pet ownership?
With the addition of Article 862 Bis and the reforms to Articles 880 and 881, the state legislation seeks to ensure that anyone who decides to have an animal under their care assumes full responsibility. This will be done in full accordance with the Law for the Protection of Domestic Animals for Baja California Sur.
Key points of the new legal framework in Baja California Sur:
Mandatory guardianship: Adoption will no longer be viewed solely as possession, but as a legal commitment to ensuring the animal’s well-being.
Ecosystem health: Protecting animals is formally recognized as protecting public health and environmental balance.
Legal certainty: Changes to the articles of the Civil Code close the door to interpretations that left pets unprotected in litigation or abandonment cases.
Sustainability: The reform promotes a model of coexistence that prioritizes the life and integrity of sentient beings over purely economic criteria.
The initiative has been referred to the joint committees on Constitutional Matters and Justice, as well as to the Ecology and Environment Committee, for detailed analysis before being voted on by the full legislature.
Source: adn40
