The animal welfare law was born at half speed, with absences and doubts

Law 7/2023 on animal welfare comes into force this Friday at half speed, with absences and doubts.

Oliver Thansan
Oliver Thansan
28 September 2023 Thursday 10:22
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The animal welfare law was born at half speed, with absences and doubts

Law 7/2023 on animal welfare comes into force this Friday at half speed, with absences and doubts. It is a huge step forward, which recognizes animals as “sensitive beings whose rights and dignity must be protected” and which will bring “coherence” (these are the legislator's words) to the diverse set of regulations that governed until now in this field, with mandatory provisions. in some communities and not in others.

Some axes of the law, however, are momentarily put on hold, such as the mandatory course for dog ownership and civil liability insurance to cover material and personal damage that pets may cause to third parties. Insurance, which is included in most home policies, was already mandatory in communities like Madrid. And throughout the country for potentially dangerous dogs.

Once the regulations are developed, which must specify its characteristics and amount of coverage, having specific insurance will be essential, regardless of the breed. The general directorate of Animal Rights, which depends on the Ministry of Social Rights and Agenda 2030, hopes it will be before the end of the year, but the truth is that there is no date yet. Nor for courses for dog owners.

It is not even clear whether this training will be required only for those who want to adopt or buy a dog or also for those who already have one. The law does not specify it and refers to those who “choose” to own a dog, so we will have to wait for the regulations. In theory, they will be free training courses that can be taken online and without expiration once they are obtained, although these details could also be modified.

What is clear is that starting this Friday the punishment for abuse and abandonment will be toughened with fines that can range from 500 to 200,000 euros. For animal rights organizations like Pacma and Faada, it is paradoxical that a law as ambitious as this one forgets that only one letter separates house dogs from hunting dogs and excludes "without justification" the latter from the rights and safeguards it gives to animals. first.

For these and other animal rights organizations, so many exceptions are also contradictory. The norm establishes that “all people are obliged to treat animals in accordance with their condition as sentient beings” and to avoid “suffering, mistreatment and states of anxiety or fear.” And what happens to the “sentient beings” in zoos, the bulls, the correbous and the bous al carrer?

Some points will be immediately applicable. Owners who leave their dogs alone at home for a day (three in the case of cats) already risk fines of between 500 and 10,000 euros, which could be increased to 200,000 if the animal suffers damage or injuries. Cats and dogs may also not be kept permanently “on terraces, balconies, rooftops, storage rooms, basements, patios and vehicles,” under penalty of a fine.

More immediate vetoes. “Unauthorized mutilations or body modifications” can no longer be practiced. Not only are sterilizations authorized, but mandatory to avoid unwanted litters (unless the specimens are registered as reproducers). And which ones are not authorized? Others that are so common today that many people believe that there are dogs that are born without tails and with cropped ears.

The law sets deadlines for compliance with other points. Pets can no longer be sold online or in physical stores. The sale will be without intermediaries, from breeder to client, although the law is committed (but without specifying how) “to encourage adoption over the purchase of pets.” Stores that sell dogs, cats and ferrets will have a one-year moratorium to adapt to the new reality.

The puppies, in any case, cannot be delivered prematurely, before they have been properly weaned or socialized by their mothers (the reason for frequent adaptation and behavioral problems, according to ethology manuals). Cats and dogs can only be delivered from two months of age, if the sale is made in the same place where they were born; four months, if there is a transfer.

Circuses (as was already the case in Catalonia: another of those heterogeneous rules that will now be general) will no longer be able to work with “wild animals in captivity.” These shows and the “carousels or fair attractions (…) will have a period of six months from the entry into force of this law to modify their activity.” Key aspects of Law 7/2023 on animal welfare refer to ordinances pending development.

The rule, for example, requires the Government to present “a bill on great apes” before December and to prepare “within a maximum period of twelve months” a document with recommendations on ethical principles and conditions for the protection of animals. used in laboratories and in veterinary clinical research. Little is known for now about the development of both commitments.