A Review of Recent Global Developments in Animal Law
This year, we've seen a significant shift in how animals are protected around the world with more countries recognizing animals not just as property but as sentient beings deserving of ethical treatment. From bans on fur farming and animal testing to new measures supporting pet welfare, many countries are rethinking their approach to animal care.
These changes show a strong commitment to moving away from outdated practices and creating laws that meet the public’s call for humane standards. Below, we explore recent legislative changes across continents and discuss what they mean for the future of animal welfare.
1. EUROPEAN UNION (EU)
Transport of Animals Reform
The EU is updating its 20-year-old animal transport regulations to better align with scientific advice, sustainability and public expectations. Animal transport has long been a focus in the EU, especially concerning the welfare of farm animals. Currently, animals in transit are exposed to stress and injuries from crowded spaces and prolonged journeys.
Proposed by the European Commission in December 2023, this reform aims to improve the welfare of 1.6 billion animals transported annually by reducing travel times, improving space allowances, and addressing needs like extreme temperatures and vulnerable animals.
Welfare Standards for Dogs And Cats
Introduced in December 2023, the new proposal sets consistent standards across the EU for breeding and caring for pets, covering everything from shelters to pet stores. By creating these uniform welfare requirements, the EU aims to tackle problems like unethical breeding, overpopulation, and the spread of disease due to poor living conditions. This initiative is expected to transform the pet trade in Europe, promoting responsible breeding and encouraging adoption.
2. BELGIUM
Constitutional Protection for Animals In Belgium
As of May 2024, Belgium has taken a significant step by amending its constitution to recognize animals as sentient beings, legally requiring all levels of the Belgian government to consider animal welfare in policy-making. For Kenya, a similar recognition of sentience could lead to better animal welfare standards and sustainable conservation goals.
3. SPAIN
Rights for Great Apes
In September 2024, a proposal was introduced in Spain to protect great apes from harmful experiments and restrict private ownership, acknowledging their intelligence and need for social connection. By taking this step, Spain is setting a new benchmark in animal welfare and sparking vital conversations about the ethical treatment of sentient animals.
4. UNITED KINGDOM (UK)
Proposed Animal Welfare Bill
In October 2024, UK members of Parliament introduced a bill to ban fur imports and sales in the UK. The proposed law aims to extend existing bans on fur from cats, dogs, and seals to include foxes, mink, raccoon dogs, chinchillas, coyotes, and all other animals used in the fur trade. If passed, the ban would stop UK involvement in the global fur trade, which statistics show has led to the deaths of around 7 million animals between 2019-2023. Fur farming has been banned in the UK since 2003, but fur imports and sales are still legal, creating a "double standard" targeted by the bill.
5. ROMANIA
Fur Farming Ban
The fur industry has faced a lot of scrutiny for its ethical and environmental impacts, with many European countries banning fur farms. In October 2024, Romania voted to phase out fur farming by 2027, targeting mink and chinchilla farms. Joining 16 other EU member states, Romania’s ban highlights the shifting public sentiment against the fur industry and the rise of sustainable, cruelty-free options.
6. UNITED STATES (USA)
California Proposition 12
This law took effect in January 2024, restricting the sale of products from animals raised in confinement, such as pork, veal, and eggs by setting strict space requirements. It mandates that animals must have enough space to stand up, turn around and extend their limbs. This law not only improves farm animal welfare but also reshapes consumer expectations and ethical food production standards, pushing suppliers in California to adopt more humane practices to retain their market access.
Following the success of California Proposition 12, multiple states, including Oregon, Washington and Nevada have enacted laws that prohibit the sale of eggs from caged hens. Maryland’s new bill also aims to ban battery cages for hens, while Oklahoma promotes transitioning away from gestation crates. However, federal efforts like the EATS Act threaten to restrict states from enacting such welfare laws.
Animal Testing
A Vermont bill aims to restrict cosmetic testing on animals, though it doesn’t ban the practice entirely, unlike states like California, Illinois, and Oregon. Meanwhile, Florida has proposed a law to mandate that research facilities make certain dogs and cats available for adoption once they're no longer needed for experiments. The Florida law would also require these facilities to submit annual reports detailing the number of animals used, which promotes transparency in animal testing practices.
Laws Relating to Retail Pet Sales
In 2023, Oregon banned retail sales of commercially bred dogs and cats, aligning with California, Maryland, and several major cities aiming to curb puppy mills and abusive breeding practices. New York also passed a similar law targeting unethical breeders.
In 2024, other states are following suit: Indiana introduced a bill for unannounced inspections of breeders and pet stores, while Kentucky's Senate Bill 41 would ban pet store dog and cat sales, allowing only adoptions. Missouri's proposal would restrict stores from sourcing animals from violators of state or federal laws, with requirements for breeder transparency.
Fur Farming Ban
Washington state legislators introduced a bill on January 8th to ban fur farming and is helping farmers shift to alternative industries. While demand for fur has decreased, there is still no national ban on fur farming in the U.S.
7. SOUTH AFRICA
Proposed Animal Welfare Bill
The Animal Law Project (ALP) in South Africa has released a manifesto titled "A Manifesto for Transforming Animal Protection in South Africa: A Constitutional Imperative", advocating for a reform of animal welfare laws, particularly the outdated Animals Protection Act, which has seen little change in over 60 years.
This initiative, driven by Animal Law Reform South Africa, Humane Society International/Africa, and the South African Institute for Advanced Constitutional, Public, Human Rights and International Law, aligns with a landmark 2016 Constitutional Court ruling that recognized animals' intrinsic value and sentience, setting a legal precedent for stronger welfare protections.
The manifesto addresses systemic suffering across various sectors, from factory farming to laboratory testing and the exploitation of animals in tourism and entertainment. It proposes a framework that highlights sentience and introduces guiding principles like duty of care and vulnerability.
In conclusion...
With global awareness growing around the humane treatment of animals, incorporating the concept of sentience in Kenya can help create more humane and effective laws that ensure animals are treated with respect and compassion. Let’s unite communities, government and organizations to create a future where animals are treated with respect and dignity, not just for human benefit, but because they deserve it.
