The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) determined that Nayarit cannot classify bullfights as cultural heritage
This, after the civil association Count on me Tepic, requested an injunction against the decision of Congress to declare this type of activity as Intangible Cultural Heritage of the State of Nayarit.
According to the project, drawn up by Minister Alberto Pérez Dayán, Any practice that involves the mistreatment, torture and death of animals cannot be considered a cultural expression.
“Such activities, far from safeguarding the rights and freedoms recognized by the legal system, tend to destroy or violate them,” reads the sentence.
In addition, it is established that the states cannot make this type of appointment as it is a power of the federation.
The ruling of the Second Chamber establishes that entities must bear in mind that cultural activities, goods and services “have economic and cultural dimensions, which transmit identity, values and meaning, and should not be considered to have only commercial value.”
The Second Chamber establishes that its ruling does not go in the sense of the normative permission or prohibition of
perform “cockfights” or “the bullfighting party”, since that topic is not within their competence.
But it does make it clear that what the Nayarit government intends violates the rights of the civil association that complained about the decree.
In 2019, the governor Antonio Echevarría García sent to Congress an initiative to declare the “Charrería, the Regional and State jaripeo, the Training of Dancing Horses, the Horse Races, the Bullfighting Festival and the Cockfights, as Intangible Cultural Heritage of the Entity”.
The Nayarit Congress approved the initiative and after that, Count on Me Tepic filed an injunction arguing that There is no reason for the State to protect this type of activities, which violate various laws because they involve mistreatment and undue suffering of animal species.