Court Orders Action Against Disturbing Dog Barking Affecting Elderly Neighbor’s Well-Being

Original article: “Violencia sorda”: Corte de Concepción ordena frenar ladridos que afectaban a vecina adulta mayor

The Court of Appeals in Concepción 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 Hualpén Municipality.

In a unanimous ruling, the Fifth Chamber of the appellate court —comprising judges Claudio Gutiérrez Garrido, César Panés Ramírez, and Rafael Andrade Díaz— 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.

The judgment classifies this type of harassment as «silent violence,» stating: «Thus, constant exposure to disturbing noises constitutes a form of violence —commonly referred to as ‘silent violence’— 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.” The ruling adds that, given the health conditions described in the case, it is necessary to view the situation through a precautionary lens.

“Silent Violence” and Responsible Pet Ownership: Why Dignified Life Takes Precedence

The court also reminds that Law No. 21.020, concerning Responsible Pet Ownership, while protecting animals, imposes duties on pet owners: to prevent harm or nuisance to others. 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 —especially one who belongs to a constitutionally protected group, such as the elderly— must take precedence over mere pet ownership when there is a serious impact on health.

Therefore, the resolution concludes that the actions and/or inactions attributed to the respondent are illegal and arbitrary, ordering “without further delay” measures that are “necessary, effective, and efficient” to prevent the dog from continuing to disturb the peace. Among these measures, the court mentions actions aimed at modifying the dog’s behavior and, if necessary, acoustic isolation of the area it occupies to minimize the spread of barking.

Once the ruling is finalized, a notice will be sent to the mayor of Hualpén so that municipal personnel can verify compliance on-site and subsequently report back to the court on the outcome of that action.