Many countries and states have been waking up to the need to enshrine the rights of animals and the environments in law. European countries in particular have been setting a trend in passing laws that recognize animal rights and introduce punishments for animal cruelty. What countries are passing these laws and what are the limitations?

Spain 

Spain has recently passed laws that increase punishments for animal mistreatment. Amongst other changes, it has also made training classes for dog owners mandatory and made it illegal to leave them for more than 24 hours. In 2020 Spain also passed laws that allowed for joint custody of animals in divorce, recognizing that companion animals were “sensitive, sentient beings” rather than property.

Switzerland

Switzerland is known for having animal rights laws that are stricter than other countries. The right to animal dignity is constitutionally protected. In 2022, Swiss people failed to vote for a law that would have banned industrial farming. 

Portugal 

In Portugal there is a law that criminalizes abuse and neglect of pets but it has faced challenges because animal protection is not enshrined in the Portuguese constitution.

Netherlands

The Netherlands may soon ban harmful breeding of pets. 

What are the Weaknesses of Animal Rights Laws?

One weakness in animal rights laws is who we choose to protect. This means that some animals are considered more worthy of protection than others, for example there are more laws to protect companion animals than lab animals. In the case of Spain’s new animal protection law, people have protested that the animal cruelty laws don’t protect hunting dogs and farm animals. The laws also don’t affect bullfighting, one of the cruelest “sports” involving animals. 

The manner in which animal protection laws are introduced often says a lot more about what is acceptable or normal for humans than it does about what animals need or deserve. It’s a positive thing that animal sentience is being recognized in divorce and pet custody. On the other hand, it’s easy for people to understand companion animals as an accessory to human existence. Meanwhile other animals like lab animals, farm animals and invertebrates are frequently under-protected in the law. Many other animals that don’t meet the definition of who humans consider to be intelligent or worth protecting aren’t legally protected. As laws to protect animal welfare proliferate, we need to locate the decision-making process within a new transhumanist framework in which our human perspective is de-centered and animals and ecosystems perspectives are at the center.