Spain set to ban zoos and pet shops with its first ‘animal rights bill’, but bullfighting still protected?
Spain has made great strides in recognising the rights of animals, firstly by changing the legal status of cats and dogs from objects to sentient, living beings, and now, a proposed ‘animal rights’ bill that will outlaw zoos and pet shops and bring in tougher prison sentences for animal abusers. Despite all this, bullfighting, inexplicably, remains unchecked.
Spain’s track record when it comes to animal justice has never been great, but several legislative moves in recent months may be indicative of a shift in the political landscape that has so far protected culture and traditions tainted by animal exploitation.
In December, Spain joined countries like France, Portugal, Germany and Austria in recognising certain animals as living, sentient beings rather than simply objects in the eyes of the law. Rather than coming from a place of pure compassion, however, this shift was largely more one of legal convenience, clarifying how cats and dogs would be treated in cases of familial separation - say if a married couple were to divorce, dogs would now be considered similarly to children in custodial agreements.
Spain no longer regards animals as “objects” as new sentience law passed, but bullfighting continues
Regardless, for a country like Spain, whose cultural essence seems to be inextricably linked with questionable animal ethics - we are of course talking about bullfighting and rural bull-running spectacles - even this change in the legal status of some animals, making them comparable to humans, is quite something.
Now, news has emerged of a new piece of legislation being touted by the press as Spain’s first ‘animal rights bill’. Whether it actually affords animals rights that we as advocates of true animal justice would recognise - such as an animal’s basic right to life, to live free and without pain, suffering, extended and enforced in a way that would abolish all animal use - remains to be seen. We’ve yet to see the exact wording of the bill, which according to the Reuters news agency, is still in its draft form due to face a public hearing, another reading in the cabinet and a parliamentary vote, but tentatively speaking, it is at least a step in the right direction.
Under the proposed legislation, pet shops would be banned, zoos and dolphinariums would be turned into wildlife recovery centres for native species only and prison sentences for people convicted of abusing their pets extended to up to 18 months, and 24 months if the animal should die. Wild animals in circuses would also be prohibited, as would the killing of pets except for euthanasia by vets.
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However, Spain is nothing if not politically charged, and animals are once again in the crossfire. As we discussed in our picture story on La Monumental, Catalonia’s last bullfighting ring, animals have become embroiled in Spain’s political culture war. Bullfighting was something of a niche pastime in the Iberian peninsula going back to Roman times, and possibly earlier, but it was General Franco who latched onto and amplified bullfighting as a symbol of nationalism, interweaving a sense of Spanish pride with the fighting spirit of bulls and matadors.
The move in December to change the status of companion animals to something similar to children in cases of divorce was met with support by the vast majority of political parties within the Spanish Congress. Only one party said no, and it was a telling objection, from the far-right Vox party. It can’t be a coincidence that the right objects to changes in animal status, clinging to the past, while the progressive left strives to move away from it.
"We are beginning to close the gap between the common sense that seeks to protect the creatures that live with us and the law," said Social Rights Minister Ione Belarra - a member of the left-wing democratic socialist party Podemos - about the new animal rights bill. She also claimed that the Spanish people were becoming increasingly sensitive towards the rights of animals.
Setting aside the political debate, the ban on zoos is objectively a groundbreaking move, putting Spain well ahead of other countries. (In 2011, Animal Equality released an undercover investigation into eight of Spain’s leading zoos - the footage released was shocking.) The bill proposes a phased move away from zoos, starting with a ban on buying or breeding non-native species. As the existing exotic animals die, they will be replaced with native species and zoos repurposed as rescue and rehabilitation centres.
"(That way) children can learn about our local wildlife while growing up with the values of animal protection," Belarra said.
There is, however, something of a potential loophole. According to the wording Reuters uses, zoos with a captive-breeding programme in place will still be able to house non-native species as long as they plan to reintroduce them to the wild. Zoos will often cite conservation efforts as justification for their existence, and for the captivity of wild animal species in unnatural environments. Yet as we discussed in our video on why we shouldn’t support zoos and their work, the conservation narrative is deeply flawed.
When it comes to notable loopholes and exceptions to the new legislation, the glaringly obvious omission is bullfighting. Sadly, even Spain’s left-wing administration doesn’t yet have the courage to tackle this contentious issue, choosing instead to shirk the debate as a traditional cornerstone of Spanish culture to be addressed separately. Bullfighting is protected as a cultural art form, raising it above other laws protecting animals, meaning that the end of it across all of Spain won’t happen easily.
"We believed that, unfortunately, this country needs a wider debate (on bullfighting) and this law was urgent and necessary for all these pets and wild animals in captivity," government animal rights head Sergio Torres told Reuters.
"This does not mean that we will not do it in the future," he said.
Andrew Gough is Media and Investigations Manager for Surge.
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