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Animals have feelings too. Spanish law passed to recognize them as sentient beings
13 December 2021
This new legislation will assist to protect Spain's animals from being mistreated and treated like objects. It protects animals from being abandoned, mistreated, seized, or subjected to any other action that could cause them mental or physical suffering. All animals, whether domestic or wild, are covered under the law.
Animals were already widely recognized as sentient beings under European law, but not in a legal way that was tied to the penal code. This rendered animal protection during some trials, such as divorce disputes, difficult. Even in more serious legal cases, animals and their well-being can now be considered.
Though the law does cover wild animals, it largely aims to protect domesticated animals. According to this, during a divorce trial, a pet’s well-being is going to be given the first priority. And calls for better treatment for animals in general.
“It’s a step forward and it says that in separations and divorces, the arrangement that will be applied to the animals will take into account not only the interests of the humans but also of the animal,” said María González Lacabex, from INTERcids, a legal organization specializing in animal protection.
The new law to change the legal framework for animals was approved by Spain's Congress on December 2, with widespread support — only the far-right Vox party voted against the bill. The legislation amends the Civil Code, the Mortgage Law, and the Civil Procedure Law, and it broadly extends to all animals, domesticated or wild.
“We are the only species that recognizes the suffering of others and as such we have an obligation to prevent that suffering,” said Guillermo Díaz, Ciudadanos lawmaker.
While this law has been passed, it does not take into account other kinds of animal cruelty like bullfighting. But this act has been banned in at least 100 towns in Spain.
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