Belgium enshrines animal welfare in Constitution – Technologist

After years of political wrangling, the Belgian Federal Parliament voted to enshrine “animal welfare” in the Constitution on the night of Thursday, May 2. A paragraph added to article 7a, which concerns the kingdom’s general policy, now specifies: “In the exercise of their respective powers, the Federal State, the Communities and the Regions ensure the protection and well-being of animals as sentient beings.”

In a press release, the Belgian animal rights organization GAIA welcomed this “historic victory,” the culmination of a battle that began in 2018. With this, Belgium becomes the sixth member state of the European Union to confer constitutional protection on animals (after Germany, Slovenia, Luxembourg, Italy and Austria).

“Enshrining animal welfare in our country’s highest law, the one that stands above all others and applies to the entire territory, is highly symbolic,” said Claire Hugon, federal MP for the Ecolo party and rapporteur for the legislation. “We’re sending out a very strong signal to all levels of power: Animals are sentient beings, and we need to ensure their protection and welfare.” In 2020, an amendment to the Civil Code had already led to recognition of the “sensitive” nature of animals and their “biological needs,” creating an “animal” category alongside those of “persons” and “property.”

‘Additional weapon’

In the immediate future, citizens are unlikely to see any major changes in their daily lives, not least because respect for animal welfare is a responsibility delegated to the three regions, each of which has one or more animal welfare ministers.

“The law does not bring mandatory changes for citizens; we expect that from legislators and political leaders,” Hugon insisted. Without waiting for the change to the Constitution, the region of Wallonia had already introduced an animal welfare code in 2018. This makes it compulsory to obtain a “permit to keep animals,” for instance, and prohibits the sale of animals in markets, slaughter without stunning and breeding for fur production. “This law is an extremely important step forward. It will have an impact, but it will take time,” stressed Michel Vandenbosch, president of the organization Global Action in the Interest of Animals (GAIA). “It’s over the long term that these changes in animal welfare will be seen, as jurisprudence and legislation evolve.”

Though it will take a little time to see the concrete consequences, the legislation does offer new legal leverage for advocacy groups wishing to challenge certain practices, such as slaughtering or the grinding of chicks. “The inclusion of respect for animal welfare in the Constitution offers an additional weapon, as it will become more difficult to justify acts of cruelty,” Vandenbosch pointed out.

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