Ooo La La! France Changes the Status of Pets
Carlotta Cooper
I
happen to believe that most of the bad ideas that crop up in the
United States commence in Europe. For Exhibit A I would like to offer
a recent vote in the French parlement. Following a petition that was
signed by nearly 700,000 French citizens (which goes to show you that
mob rule is still not a good idea), the French MPs voted to change
the status of animals from personal property (“movable goods”) to
“living and feeling beings.”
The
law the French were overthrowing dated from 1804 and was part of the
Napoleonic Code. The new legislation was sponsored by French
President Francois Hollande's Socialist party. Dogs, cats, horses,
and other animals in France will now have new rights and stronger
protection according to activists. Oddly enough, the French rejected
proposals to ban cockfighting and bullfighting.
The
original petition was initiated by 30 Millions d'Amis (translated to
“30 Million Friends”). The head of that group, Reha Hutin,
applauded the vote, telling Britain's Telegraph that by
approving the bill the parlement recognized “an obvious fact:
animals are beings endowed by feelings.” “[It was] ridiculous to
see pets as pieces of furniture that can walk by themselves,” she
adds.
By
all accounts, the new legislation will give France's 63 million pets
more protection from cruelty. (Apparently cockfighting and
bullfighting don't matter when it comes to cruelty.) Britain's Daily
Mail quoted philosopher and former education minister Luc Ferry,
who called the previous status of animals “absurd.” According to
Ferry, “animals suffer, they have emotions and feelings. It is not
a question of making animals subjects of the law… but simply of
protecting them against certain forms of cruelty.”
The
change in the status of pets will also mean other things will change.
For instance, couples will be able to fight for shared custody of
pets in divorce cases. If a pet is run over by a negligent driver,
s/he will be able to sue for compensation for suffering. Inheritance
laws will also change to allow owners to leave their estates to their
pets
Some
of these issues are already in play here in the U.S. and have been
working their way through the courts. Couples have already gone to
court over the custody of pets – and even of stored semen from stud
dogs. Owners have sued for suffering and emotional distress over the
loss of a pet with varying outcomes. And here in the U.S., many
owners leave large sums to their pets or for their future care after
their owners die.
While
these issues for pet owners in France may seem benevolent there are
other issues that could be much more problematic. Critics point out
that changing the status of animals could have detrimental effects on
breeding, hunting, fishing, and agriculture. There is concern that
animal rights activists could use the law to challenge animal
slaughter practices by arguing that it is wrong to kill “beings
with feelings” or to eat meat. Wolf culls and culls for other
dangerous animals could also be challenged. There is also the issue
of using animals for medical research which could be challenged on
the same grounds.
Not
mentioned by critics but no less worrisome is the fact that once pets
are no longer an owner's property, an owner has fewer rights
regarding the animal. It is much easier for the government or an
outside agency to take your pet from you when your pet is not your
property. A “living, feeling being” is much more of a free agent
or wildcard than a pet who belongs to you by law.
I think we all would like to see animals treated well and have good animal welfare practiced everywhere in the world. Animals are certainly not furniture. However, the issues that lie ahead in France, now that they have taken this step, may illustrate some of the problems that come when a society changes the status of animals from property to non-property. Just because an animal has feelings doesn't mean it should be autonomous. Or that it needs a lawyer or an activist to speak for it.
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