Animal rights: Recent legal advances
In recent years, we have seen significant advances in the regulation of animal rights and welfare in Spain. Although there is still some way to go before full implementation, legal reforms point to a paradigm shift: animals are beginning to be considered sentient beings with recognised rights, not just objects of property.
Recent legal developments articulate obligations for owners, toughen penalties for abuse and abandonment, and introduce new prohibitions on the use of animals in shows, sales, etc.
In 2023, Law 7/2023 of 28 March on the protection of animal rights and welfare was passed, the key aspects of which are:
- It recognises animals as sentient beings, not as mere movable property.
- It establishes a common framework for the whole of Spain.
- It obliges public authorities to adopt mechanisms for animal protection and the prevention of abandonment.
- It prohibits the sale of dogs, cats and ferrets in physical shops or online.
- Establishes care obligations and limits the time an animal can be left alone.
- Prohibits leaving animals tied up in public spaces or in conditions that cause them suffering.
- Introduces the principle of shared responsibility in animal ownership.
Limitations and exceptions:
- Hunting, guarding, and herding dogs are excluded from the general regime.
- Bullfighting and hunting with dogs are not prohibited.
- Regulatory developments are needed to fully implement some obligations.
Organic Law 3/2023 of 28 March (Reform of the Criminal Code) also supported the
new animal protection regime, with some relevant changes:
It creates a new Title XVI bis ‘Crimes against animals’.
- It repeals the former Articles 337 and 337a of the Criminal Code.
- It introduces Articles 340 bis to 340 quinquies.
- It extends protection to all vertebrate animals.
- It establishes aggravating circumstances for extreme cruelty or mediated violence.
- It allows for precautionary measures such as prohibition of ownership or removal of the animal.
- It increases penalties to up to 36 months' imprisonment in the most serious cases.
The impact of the new animal welfare regulations is significant and presents both advances and challenges. Among the expected benefits are greater legal protection for animals, the promotion of a cultural shift towards responsible ownership, the creation of regulatory uniformity that reduces differences between autonomous communities, and the consolidation of a solid foundation for future legal improvements. However, their practical application faces significant challenges, such as delays in regulatory development, a lack of material and human resources to ensure compliance, broad exceptions that still allow practices such as hunting and bullfighting, and the need for better coordination between public administrations to make animal protection effective throughout the territory.
