Uncovering the Legal Vulnerability of Hunting Dogs in France and Spain

Abstract

Hunting has deep historical roots as a means of subsistence and recreation, evolving over time to encompass various social, cultural, and economic dimensions. A crucial aspect of hunting is the use of dogs, which have been bred and trained for millennia to aid hunters in tracking and capturing prey. This paper delves into the legal safeguards extended to hunting dogs in France and Spain, focusing on their unique role in the hunting tradition. Both France and Spain recognize the sentience of domestic animals, including hunting dogs, which grants them some level of legal protection. Nevertheless, the absence of dedicated provisions for hunting dogs leaves them vulnerable. The legal landscape concerning domestic animals is extensive and fragmented in both countries, with laws spreading across multiple texts. Spain’s recent move towards a national animal protection law presented an opportunity for reform. However, a controversial amendment that excludes hunting dogs raises questions about equality before the law, potentially granting preferential treatment to hunters. This argument claims enhanced legal protections for hunting dogs in France and Spain. The contention underscores the role that the European Union (EU) can play in ensuring compliance from Member States with European values and, in particular, with Article 13 of the Treaty on the Functioning of the European Union (TFEU). As the EU has been at the forefront of animal welfare improvements, it holds the potential to influence change in Member States, ultimately fostering greater compassion and fairness in the treatment of hunting dogs.