{"id":10798,"date":"2025-12-26T13:44:30","date_gmt":"2025-12-26T13:44:30","guid":{"rendered":"https:\/\/elpregonerodechile.com\/?p=10798"},"modified":"2025-12-26T13:44:30","modified_gmt":"2025-12-26T13:44:30","slug":"court-orders-action-against-disturbing-dog-barking-affecting-elderly-neighbors-well-being","status":"publish","type":"post","link":"https:\/\/elpregonerodechile.com\/?p=10798","title":{"rendered":"Court Orders Action Against Disturbing Dog Barking Affecting Elderly Neighbor’s Well-Being"},"content":{"rendered":"

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Original article: \u201cViolencia sorda\u201d: Corte de Concepci\u00f3n ordena frenar ladridos que afectaban a vecina adulta mayor<\/a><\/p>\n\n

The Court of Appeals in Concepci\u00f3n has accepted a protection request filed by an elderly neighbor, mandating the responsible party to implement measures that prevent their pet from continuing to disrupt the peace and adversely impact the physical and mental health of the complainant. Compliance with this ruling will be monitored by the Hualp\u00e9n Municipality.<\/p>\n

In a unanimous ruling<\/a>, the Fifth Chamber of the appellate court \u2014comprising judges Claudio Guti\u00e9rrez Garrido, C\u00e9sar Pan\u00e9s Ram\u00edrez, and Rafael Andrade D\u00edaz\u2014 addressed the neighborhood conflict with a reinforced protective approach toward elderly individuals, noting that ongoing exposure to disturbing noises can constitute a significant infringement on fundamental rights.<\/p>\n

The judgment classifies this type of harassment as \u00absilent violence,\u00bb stating: \u00abThus, constant exposure to disturbing noises constitutes a form of violence \u2014commonly referred to as \u2018silent violence\u2019\u2014 which affects rest, induces stress and anxiety, and can exacerbate pre-existing medical conditions in elderly individuals, thereby violating their rights to health and a dignified life.\u201d<\/strong> The ruling adds that, given the health conditions described in the case, it is necessary to view the situation through a precautionary lens.<\/p>\n

\u201cSilent Violence\u201d and Responsible Pet Ownership: Why Dignified Life Takes Precedence<\/span><\/h2>\n

The court also reminds that Law No. 21.020, concerning Responsible Pet Ownership<\/a><\/strong>, while protecting animals, imposes duties on pet owners: to prevent harm or nuisance to others<\/strong>. In this regard, the court emphasizes that the conflict should be analyzed through a test of proportionality and weighing: although the right to a dignified life and animal protection are legitimate interests, the right to integrity and a dignified life of a human being \u2014especially one who belongs to a constitutionally protected group, such as the elderly\u2014 must take precedence over mere pet ownership when there is a serious impact on health<\/strong>.<\/p>\n

Therefore, the resolution concludes that the actions and\/or inactions attributed to the respondent are illegal and arbitrary, ordering \u201cwithout further delay\u201d measures that are \u201cnecessary, effective, and efficient\u201d to prevent the dog from continuing to disturb the peace. Among these measures, the court mentions actions aimed at modifying the dog\u2019s behavior and, if necessary, acoustic isolation<\/strong> of the area it occupies to minimize the spread of barking.<\/p>\n

Once the ruling is finalized, a notice will be sent to the mayor of Hualp\u00e9n so that municipal personnel can verify compliance on-site and subsequently report back to the court on the outcome of that action.<\/p>\n<\/div>\n