But who is going to keep the pet? In Spain, couples who separate will no longer have to tear up over this issue. It is the judge who will decide as for the children. Since January 5, if the couple cannot come to an agreement, if there is a dispute, it is the judge who will impose joint custody or who will award custody to one or the other. with visiting rights. It is also he who will do the sharing to know who will pay what for food and veterinary care. The lawyers who manage divorces are satisfied, they who saw more and more couples arguing for custody of their animals.
“Animals by law cease to be things and become what they are, beings who feel”, said Minister of Social Rights, Ione Belarra.
From hoy los animales dejan por ley de ser cosas y pasan a ser lo que son, seres que sienten. Damos un gran paso para mejorar el bienestar animal. In 2022 seguimos trabajando para que la # LeyProtecciónAnimal que lucha contra el abandono y maltrato también sea una realidad.
– Ione Belarra (@ionebelarra) January 5, 2022
Hence a question: are pets treated like humans? In part only. From a legal point of view, they are still considered property or things. Except for what concerns their well-being or their safety. On these aspects, henceforth, the law recognizes them as “sentient beings”, which means that their case is examined in the same way as for individuals.
The Spanish Civil Code has been amended. The law on mortgages also: it is now forbidden to seize pets. If one of the parents is the subject of criminal proceedings, he will not be able to have custody of them. Same thing if there is a risk of mistreatment. Finally, these animals will also be taken into account in wills.
Spain was a little late compared to its neighbors: it has been more than 20 years, for example, that Austria and Germany have recognized the living and sensitive nature of animals. Belgium and Portugal followed, before France in 2015.
In Spain, however, it is a consensual and transpartisan subject since it is the popular party, on the right, which carried this idea in 2017. This could not be done for reasons of the electoral calendar. Today, it is the ruling left coalition that is bringing it to an end. All the parliamentary groups have supported the text, except the far right party.
Podemos, a member of the government coalition, wants to go even further and take advantage of this success to pass a bill this year banning the sale of pets in stores.