New Laws on Animal Rights

NEW LAW PROTECTING

ANIMAL RIGHTS

Spain’s social-communist government approved a new law for the protection and rights of animals. The new draft law came into force on the 5th January

2022. WORDS RAYMUNDO LARRAÍN NESBITT

This key law, which amends several other laws, is the latest addition to a general legal framework that is gathered in an Animal Codex (Código de Protección y Bienestar Animal) devised for the protection of animal welfare. Updated as of 27-01-2022.

This was a trend that was started long ago by one man, a proto-ecologist called Félix Rodríguez de la Fuente in the 1970s who, over time, shaped Spanish modern society changing its mindset, even to our day, and has coalesced in this Animal Codex. No accolade can honour enough what this man achieved in benefit of us all. Almost four decades after his tragic death, he is still mourned and credited as the Father of Spanish Environmentalism.

Spain’s historical disposition towards animals’ rights has been hazy at best. This situation has changed dramatically post-Constitution as new openminded generations, imbued by democratic ideals, seize power to enact laws in line with the core values that behove a modern society.

This new law, which extends jail terms to those who would abuse animals, is a clear victory for animal rights in Spain which have (finally) become a core tenet of our society and which may now be legally upheld.

Kudos to our government for making such a great effort to protect our pets and wildlife.

Credit where credit is due. Gracias Félix.

RECAP OF THE NEW POINTS BROUGHT BY THIS LAW

As per usual, I will collate the main 25 amendments as bullet points, simplifying where necessary. Z Animals cease to be ‘things’, in legal terms, and are now regarded as living, sensitive beings. As a consequence, they may no longer be repossessed or embargoed in insolvency procedures. Z Animals can no longer be sold in pet stores. They will be sold only by licensed animal breeders. Z Animal exchanges between private unlicensed individuals must be free of charge, no money can be exchanged. Z Animal breeders are under a legal obligation to identify and tag animals in a national animal registry before being sold. Z Some animals will be neutered prior to being sold to avoid their unwanted reproduction. Z Animals may no longer be freely sacrificed unless there are valid reasons. Z Prohibition to mistreat them physically or psychologically. Z Animals may no longer be abandoned by owners in open or closed spaces, e.g. terraces, cars, etc. Z No mutilations are allowed, i.e. for aesthetic reasons. Z Animal fights are forbidden. Z Banning of public shows that use animals and may cause them any kind of pain or suffering. Z Beggars may no longer use animals to beg. Z Certain jobs, that are deemed too stressful for their wellbeing, may no longer use animals. Z Banning of animal accessories that cause them harm, i.e. spiked collars for dangerous dogs. Z Banning of pets to be eaten (sic)! Z Banning of capturing wild birds to force them to sing. Z Banning of certain foods for animals not considered apt. Z Banning of animals as prizes in draws or lotteries. Z Banning of animals (i.e. pets) released into the wild. Z Banning of animal traps unless legally authorised. Z Cats can no longer be left alone for more than three days; dogs no more than 24 hours unsupervised. Z The adoption of non-tagged or identified animals is expressly banned. Z Publicity with animals is banned except for their own purposes, i.e. animal food. Z Articles 332 to 340 of Spain’s Criminal Code apply. Z The new amendment will increase jail terms from the current 12 months to two years in prison.

CONCLUSION

The majority of animal lobbies consider that the new amendment of two years falls short of what’s required. They are lobbying hard to increase it to three or five years. Given the changes in the mindset of our society, I find it highly likely this increase in jail terms will be achieved in the future. I very much welcome them.

There is still much work to be done to extend these rights and protection to animals in the wilderness.

“The greatness of a nation, and its moral progress, can be judged by the way its animals are treated.” – Gandhi. AKA Mahatma (‘Great Soul’) Gandhi.

g Larraín Nesbitt Lawyers. Tel: (+34) 952 192 288. info@larrainnesbitt.com

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