Argentine justice has taken a historic step by recognizing two goldfish, named Fede and Magui, as sentient beings and subjects of law . The case, which began with a complaint from the organization Empty Cages, has set a precedent in the legal protection of non-human animals, especially ornamental species that until now were considered mere objects.
The fish were kept in a 40-liter tank inside a sushi restaurant in the Recoleta neighborhood of Buenos Aires, where they were used as decorative elements. After a veterinary examination confirmed that the conditions were inadequate and caused stress and suffering, the Court of First Instance for Criminal, Misdemeanor and Petty Offenses No. 12 ordered the seizure and transfer of the animals to a suitable environment.
The case of Fede and Magui
The complaint was filed by the Empty Cages Sanctuary Civil Association, which requested both the rescue and legal recognition of the fish. The court approved an eight-month probation agreement for the restaurant owner, who is also prohibited from owning animals and must complete a course on animal law and the environment. The fish were permanently placed with a responsible adopter, who keeps them in a 2.500-liter aquarium, much larger than the 40 liters of their previous habitat.
The ruling emphasizes that it is not a blanket ban on keeping fish in home aquariums, but rather penalizes situations of mistreatment or cruelty, such as insufficient space, inadequate food, or lack of basic care. Following this decision, animals are now considered direct victims of the crime , not mere objects, which changes the legal and administrative approach in similar cases.
Legal foundations
The court cited precedents from the Court of Cassation and the Court of Appeals that already recognized that non-human animals can be rights holders. In its ruling, it stated that “these are not inanimate objects, but rather their own rights must be recognized as part of the obligation to respect life and their dignity as sentient beings.” This is the first time in Argentina that this criterion has been applied to specimens of the species Carassius auratus , the popular goldfish.
Recognizing fish as subjects of law shifts the traditional view of them as property in civil and commercial law, where animals are still classified as assets. This decision aligns with a growing body of case law that demands a proactive approach from the State regarding animal and environmental protection, as enshrined in Animal Law in various jurisdictions.
Global and scientific context
The case of Fede and Magui is not an isolated incident. According to a review published in the Oxford Journal of Legal Studies , countries such as those in the European Union, New Zealand, Spain, and some regions of Canada and Australia have made progress in legislation recognizing the capacity of animals, including fish, to experience pain and emotions. Research compiled by PMC and PLOS One supports the finding that fish exhibit behaviors and reactions consistent with sentience and the perception of pain, anxiety, and suffering.
In Spain, for example, the 2023 Animal Welfare Law already recognizes animals as sentient beings, although its application to aquatic species is still limited. This Argentine ruling could serve as a reference for future claims in Europe, where a growing number of voices are calling for broader legal protection for fish used in aquariums, aquaculture, and the ornamental trade.
The court ruling has also been highlighted by Diario Judicial as a landmark decision that “shifts the legal perspective from a purely patrimonial viewpoint to one that incorporates animals into the legal language of sentient beings and subjects of law.” With this decision, the Argentine justice system opens the door for other animals, including pet fish, to receive greater legal protection when it is demonstrated that they live in conditions incompatible with their well-being.