A new animal protection law in Spain received approval from Congress on February 9, 2023. The proposal came from the Spanish Minister of Social Affairs, Ione Belarra, and is discussed in public commentary and analysis. The reform shapes how acts involving animals are treated within the Penal Code and reflects ongoing debates about animal welfare and legal personhood in Spain.
The reform states that sexual activity with animals is not automatically a crime, as long as the acts do not cause harm to the animal. This change marks a shift from earlier statutes, focusing on whether harm occurs rather than categorizing all forms of animal sexual activity as criminal. The revision aims to balance concerns about animal welfare with legal definitions that distinguish between consent, harm, and the roles animals play in society.
Historically, Spain had already moved to strengthen penalties for cruelty and exploitation of animals. A reform in 2015 aimed to increase sanctions for acts of cruelty and sexual exploitation for the first time in the nation’s modern statutes. At that time, lawmakers underscored the principle that animals cannot consent in the same way humans can, framing animal sexual exploitation as a distinct offense regardless of the harm involved in some cases.
Under the new framework, punishment for sexual activity with an animal is contingent on demonstrated injury to the animal. In other words, the act itself is not automatically criminalized; the focus shifts to whether the animal was harmed during the encounter. This reframing has sparked discussion about how best to protect animal welfare while assessing intent and harm in such cases.
Some observers note that the initial initiative originated with United We Can, a party that has previously argued that dogs, cats, and other animals should be recognized as sentient beings. The discussion around animal sentience informs broader policy considerations, including how animals are treated in various social and legal contexts.
Alongside changes to sexual activity provisions, the law also tightens penalties for cruel treatment and killing of animals. For instance, penalties increase for incidents of serious harm to animals or for acts that result in an animal’s death, reflecting a stronger stance on animal protection. In some cases, penalties can be substantial, underscoring the seriousness with which such offenses are treated within the legal system.
There are examples cited in public discourse that illustrate the range of penalties under the new policy. For instance, there are scenarios where individuals who fail to register breeding activities, or who undertake breeding without proper records, may face heavy fines or other sanctions. The overall aim of the reform is to connect the severity of penalties with the level of impact on animal welfare, including the health and safety of animals kept in households or facilities.
In summary, the reform broadens the toolkit for enforcing animal protection laws while clarifying the conditions under which certain acts may be addressed as offenses. It emphasizes the protection of animal well-being as a guiding objective and seeks to deter cruelty, neglect, and needless harm to vertebrate animals across Spain. The changes are part of a broader trend toward strengthening animal welfare standards within the legal code, aligning statutory measures with evolving public expectations about how society treats animals.