Although the different laws have included animals in their texts for decades, their inclusion in them has mostly been in an instrumental sense, considering them as work instruments whose legal protection was equal to that of mere objects or things, owned by an owner, which could claim the economic value of the loss of said animal regarding the instrument of economic exploitation.
We find environmental legislation where flora and wildlife is protected in that its protection is inherent in that of the environment in which they live, but in this article, we will leave aside the environmental laws, which have already been subject to mention in other articles, to focus on the regulations that offer protection to animals that live more closely with the human being. Continue reading this interesting ecology article, if you want to discover What are the rights of animals.
List of the 5 Freedoms of Animal Welfare
In the first place, we cannot fail to mention one of the international statements best known by all, since every person, to a greater or lesser extent he has heard of it, we refer to the Universal Declaration of Animal Rightsdeclared by the UNESCO In 1977. it consists of 14 articlesthrough which animals are recognized as beings that deserve protection by laws, as well as decent treatment and respect at all times.
In addition, the OIE (World Animal Health Organization)(1) Establish some Animal Welfare Guidelineswhose application occurred worldwide in 1993, these guidelines are a set of “5 freedoms”, which are the responsibility of the human being and consist that every animal has the right to live as follows:
- Free of hunger, thirst and malnutrition.
- Free of fear and anguish.
- Free of physical and thermal discomfort.
- Free of injury, pain and disease.
- Free to manifest natural behavior.
While the above is idyllic, it is necessary to point out that both statements are still a set of “good intentions”, since they do not imply a regulation of mandatory compliance by the different states.
What are animal rights at the legislative level
As far as the legislative level is concerned, at present, the right of animals is still very precarious, although it is true, that the path that is being taken seems to be correct, or at least much better than the previous situation, so we can more and more Animal protection that so far did not exist. Society is asking for a change and little by little both laws and those responsible for applying them respond.
It is important to note that there is still much to do in terms of Animal Law Legislation It refers. Currently, regulations are being developed that regulate animal welfare, as well as the prohibition of torture, transport, normal against animal suffering, etc. In this sense there are experts who call them “first generation” rights as happened with human rights, which began with basic civil rights and subsequently became broad perspective of their usefulness for human being, to the proliferation of Animal Protection Laws As for your condition of Senating beings that deserve protection for themselves, that is, for the fact of being.
An example of this is found in Germany, where in article 20 of the Fundamental Law of the Federal Republic of Germany, it establishes the obligation of intervention of the State regarding the protection of animals.
In the case of Spain, although it is true that More and more rights are recognizedbecause we must not forget the introduction in the Criminal Code of the Animal abuse crime (which has been a before and after regarding the vision of animals’s right), it is still necessary criminal action against animal abuse It corresponds to the Prosecutor’s Office regarding its status of public accusation, in practice, the lack of these mechanisms, makes the accusation be carried out by different associations in defense of animals or by volunteer lawyers. An example of mechanism is in Zurich, where they have an ex officio lawyer for animals suffering from ill -treatment.
Likewise, in January of the year 2020, the General Directorate of Animal Rightswhich hopes that in the not too distant future will make good proposals, and above all applicable and realistic proposals, in terms of animal protection.
Examples of sentences related to animal rights
Although there are currently laws that continue to qualify animals as things, society no longer sees it that way. In recent years, there has been a Great change regarding the way of thinking about animalstherefore, laws such as the Civil Codi of Catalonia, the Treaty of Lisbon, as well as some autonomic and municipal laws already qualify animals as “Sensitive beings”as is the case with Animal Welfare Law of the Canary Islands. Likewise, due to the relationship that many people currently have with their animals, the courts have begun to pronounce on the basis of not only the material damage suffered by the “owner” of the animal, but also compensate the human partner of that animal, due to the moral damage caused by their loss. In this sense, the judgment of the Court of First Instance No. 32 of Barcelona is remarkable, which was issued in 2007 by magistrate Guillermo Arias Boo, in which we could see the following legal basis is of an overwhelming social reality, and says the following:
“It is evident, otherwise, that the damage suffered by people who lose a loved one goes far beyond the patrimonial loss that they can represent for them. Actually, it is priceless. Walt Disney already said, at the beginning of ‘The Lady and the Vagabundo’, that if there is one thing that nobody has been able to buy for money is a dog’s tail movement. Thus there is no money to compensate for the plaintiff, her husband, and her children for the loss they have had. But that should not serve as a pretext to stop recognizing, even if it is symbolic, through pecuniary compensation, however insufficient, that there is a person who must respond to them, according to civil law, of the moral evil that they have had to suffer. ”
Following in the same order, we cannot forget Judgment 102/2018 of January 15, 2018, issued by the Criminal Court No. 2 of Mérida, a sentence that was subsequently confirmed in its integrity by the Provincial Court of Badajoz, in which a man was sentenced to 27 months in prison to an individual for throwing two dogs into a well and later stoned until they produce them until they produce the death of one of them. crimes of animal abuse of art. 337 of the Criminal Code, based on the ruling on the consideration of animals as syndor, through the following words:
“Dogs are living beings endowed with sensitivity.” “Therefore, we cannot limit the protection of the animal to the owner’s scope.” And they continue: “The relationship of the person and the animal transcends the domain: the powers of use and enjoyment of the animal, as well as the disposition on it, must respect their condition of being sensitive, so that the owner must preserve animal welfare and, of course, must refrain from mistreating it, abandon it and, above all, to cause a cruel death.
“ANDn The crime of animal abuse The protected legal good is not the property” given that “In gEneral, it is understood that it is animal welfare, linked to the absence of unnecessary pain or suffering” Therefore “The criminal norm is based on a series of duties that people have with animals.“
Based on the above in this article, it can be summarized that, we are currently facing an “embryonic” phase, in which some bases on which one day will rest are being created Animal rightevery day more present in our society. There is still a long way to go in this regard, since current state regulations focus more on the hygiene and health conditions of animals, both in livestock farms and zoological nuclei, lacking regulation regarding Welfare and animal protectionalthough the address that is being taken is correct.
After knowing all this, now we also advise you to read these other articles about animal exploitation and how to avoid animal abuse. We also encourage you to see this video about why it is important to protect animals in danger of extinction.
If you want to read more articles similar to What are the rights of animalswe recommend that you enter our category of society and culture.
- OIE (World Animal Health Organization): https://www.oie.int/es/
