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ARCHIVED - Owner denied custody of dog in historical animal welfare ruling in Spain
The new Animal Welfare Law in Spain recognises animals as sentient beings rather than objects
A judge from Oviedo in the principality of Asturias has been the first in Spain to apply the new reform of the Civil Code which considers animals to be sentient beings by granting custody of a dog to its carer of four years rather than its original owner. More commonly known as the Animal Rights Law, the new legislation places “the welfare of the animal” at the forefront of this kind of decision.
Before ruling on the matter, the court heard that four years ago, the owner of the dog, a cross between a pit bull and a Belgian shepherd, asked his friend to take care of the pet as he was travelling abroad. Although at first the owner transferred money for the care and upkeep of the dog this eventually dried up and the communication ceased. Until, that is, the owner returned to Spain and demanded that his pet be returned to him.
The young woman had developed a strong bond with the dog over the years and refused to give him up.
On this matter, Judge Susana Fernández de la Parra has made history by denying the original owner custody on January 13, just eight days after the Animal Welfare reform came into force. The court ruled that removing the dog from his long-term caregiver would cause unnecessary suffering to the animal, as he has lived with her since he was a year old.
“My client and the dog, who live alone, are a family. The dog and my client were going to suffer,” said María Girona, lawyer for the woman who won the case, before praising the judge for setting such an important precedent.
The new regulations amend the Civil Code to highlight the relationship of coexistence established between animals and people. In addition, it also changes the Mortgage Law and the Civil Protection Law so that pets are no longer treated as objects in legal disputes.
Image: Guardia Civil
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