France’s Glavany Amendment: animals now considered “living beings gifted sentience”
While the French Civil Code considered animals to be “movable
property” for 200 years, Parliament voted this Wednesday, Jan. 28 that a change
in legal status was in order (even if the Senate rejected the Glavany amendment
last week). Animals are now considered to be “living beings gifted sentience.”
In this way, an animal is no longer defined by its market value but its
intrinsic value. The Civil Code has been harmonized with Rural Code and
Criminal Code on this matter.
FNSEA (the main French farmer’s union) criticized the new legislation,
fearing the effects with regards to livestock. But after seeing
that animals did not receive a new category, the representatives
thought things could be worse. This amendment does not change the situation for
farmers significantly because it does not create a special status
for animals between the men and goods. Animals thus remain property under
the Civil Code.
But the animals rights associations still saluted what they considered to
be a great victory.
“The main lock popped! This breakthrough creates favorable conditions for
the improvement of the animal’s lives,” said Reha Hutin, president of the Foundation
30 Millions d’Amis. Indeed, the group
has worked toward this change for more than 10 years. they hope
the new amendment will change attitudes and also allow judges to apply the
existing law more easily (The Criminal Code allows up to €30,000 in fines
and 2 years of imprisonment for any act of animal abuse).
However, it is worth noting that this change only applies to pets or
wild animals tamed or held in captivity. The sentience of wild animals,
meanwhile, is not recognized.
Concretely, in the short-term future, the law should not change
much for our animals, but many still see a positive sign in the
consideration of the daily suffering of animals. Even though the road still
seems long toward the ban of bullfighting (which has a specific clause in the
Act), geese feeding, vivisection and still dairy farms, this new amendment
can only cause us to rejoice and to become more aware of the
important place occupied animals in our society.
For Christiane Taubira, Minister of Justice, “It’s an act that has weight,
meaning and consequences.”
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