“Protección Jurídica de los Animales en el Contexto de la Familia Multiespecie: los Fideicomisos en Colombia”

Abstract

The purpose of this paper is to analyze the necessity and importance ofincluding animal rights within the framework of the multi-species family through the concept of a trust, as it is a viable and existing mechanism in our country to provide them with effective legal protection. The current legal and social transformation of the concept of family brings us closer to the evolution of animal rights in society, aiming to declare them as subjects of rights and to recognize animals as sentient beings. This recognition results in an emotional and affective bond that arises between a pet and its caregiver, which in turn creates the obligation to guarantee their protection and care in the event of their owner’s death. Despite the progress it has made, Colombia lacks clear regulations regarding the application of trusts to animals, where their status as subjects of rights, rather than objects of human ownership, would become more evident. Trusts, in this new era of multi-species families, are the most effective legal tool to ensure the continuity of care and well-being that animals require in the event of their guardian’s death. They protect animals from mistreatment, abandonment, or situations that may endanger their lives. Therefore, we will study and analyze Colombian legislation alongside experiences from other countries with comparative legal frameworks to provide a comprehensive response that highlights the regulatory gaps we currently face and the possibility of including animals within the modern legal family structure