Animals and sport, legal aspects
The relationship between animals and sport is really old, and over several centuries, it has experienced many situations. If on the one hand we have tutors who enjoy running with their outdoor pets, on the other it affects the reality of the thousands of animals that remain exploited in ‘recreational’ purposes.
With the growing strengthening of the animalist movement in recent decades, it has been possible to advance significantly;Not only in fighting cruelty towards animals, but also deepening understanding about the concept of animal abuse.
Painful, humiliating or exploratory practices that used to be naturalized before, today they gain more and more visibility. Little by little, animals cease to be legally seen as a property or a resource of man, and finally begin to recognize themselves as beings endowed with sensitivity and cognitive ability.
In this sense, one of the latest and most controversial discussions in Spain revolves precisely the relationship between animals and sport. An aspect that we will analyze below.
Animals and sport: the past and present of Spanish legislation
Traditionally, the legal status dedicated to animals in the Spanish Civil Code has been as movable property. In short, this means that an animal was treated in legal terms as a mobile property, being able to be distributed, seized and even mortgaged.
This status separated animals from any cognitive and emotional faculty, equating them to goods such as vehicles. In addition to ignoring their ability to feel and suffer, it prevented them from moving forward in the recognition of the minimum rights of animals. And, who discuss the rights of a car or a bicycle?
Among several problems, this issue makes it difficult for the needs of an animal to be taken into consideration, when used for sports, physical activities, shows, services and other tasks. Let’s not forget that, in short, the owner’s right would prevail to use their assets, and not the integrity of the animal.
A new legal status for animals?
In mid -2017, the proposal of the Law on the Modification of the Civil Code, the Mortgage Law and the Civil Procedure Law, on the legal regime of the animals has been submitted. Its extensive text revolves around a central objective: create a special judicial status for pets.
One of the most significant modifications would be given in article 333.1 of the Civil Code. At present, this precept provides that all things that can be appropriate by the human being should be considered as goods. But with the new legal status, your text would change significantly, saying that:
"Animals are living beings endowed with sensitivity. Only the legal regime of goods will be applicable to the extent that it is compatible with its nature and with the provisions destined for its protection ”.
The new Sports and Protection Law of Animals
In addition to this, the Council of Ministers has recently approved the Draft Sports Law. While the reforms do not focus on animals and sport, its chapter 9 brings a very important contribution to the protection of animals that work in the sports field. His provisional text says:
“The participation of animals in sports activity will be done in conditions that allow their protection, their health and appropriate possession and use. In any case, the use of animals in sports practice will be developed in conditions that avoid suffering or abuse ”.
The initiative seems to be in line with the ratification by Spain of the European Agreement for the Protection of Companies. In force since 1987, the initiative promotes the culture of respect for animals and productive ethics in all member countries of the block.
Although neither specifically speaks of animals and sports, the agreement also regulates the use of animals in sports and recreational activities, including hunting. Their performance would only be allowed in tasks and practices that do not imply any type of suffering or put their health at risk.
conclusion
The legal aspects connected between animals and sport are gradually adapting to current reality. Although the law changes at a much more slow pace than society itself, and although there are still detractors of the animalist cause, these advances are indispensable to guarantee the integrity of animals in the sports field.
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