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Animal rights in Italy: how to protect them?

In recent years we are finally witnessing an epochal turning point in the field of legislation for the protection of animal rights in Italy.

Although, in fact, for part of the law they are still assimilated to “goods” or “things” (for example in the case of separation between spouses or in relation to their property), for another substantial part of the jurisprudence animals have reached the status of “sentient beings” i.e. able to have feelings and, therefore, deserving of particular attention and protection.

The laws for the protection of pets

Until the early 2000s, the only prohibition imposed and recognized by the Law for the protection of animal rights in Italy was established by theart. 727 of the Criminal Codewhich punished anyone who abandoned pets or animals adapted to captivity.

Certainly a fundamental prediction, but very little compared to the undergrowth of injustices (or real cruelty) suffered by animals and too often go unpunished.

The growing ethical sentiment and the development of a collective thought that increasingly wanted to give a voice to defenseless victims led to the creation, the 20/07/2004 with Law No. 189of an entire Title (the IX-bis to be exact) of the Penal Code.

A set of articles, that is, ordered in a chapter dedicated to them, of rules, prohibitions and punishments (even as severe as imprisonment), against those who are responsible for crimes against animals.

What rights do animals have in Italy?

The newly introduced articles (from 544-bis to 544-sexies) target all those behaviors involving killing, cruelty, animal abuse, clandestine fights or farms aimed at enhancing the aggressiveness of animals, also providing for forms of protection of the same, such as the seizure of the victim animal of these absurd actions, both on a preventive level and as a possible preservation of the evidence in the subsequent trial.

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On the one hand, this prevents the animal from undergoing further harassment by removing it from the oppression of its persecutor, on the other hand, it prevents these from being certified with a coroner’s report, nailing the perpetrator to his responsibilities.

The figure of the veterinary pathologist

Within this sad and delicate topic it is also worth specifying that there is the figure of coroner/veterinary pathologista professional who takes care of analyzing the injuries reported by the animal (unfortunately sometimes during the autopsy) to provide irrefutable proof of the fact that they did not occur by chance, but as a result of specific and cruel behaviors.

It is a real forensic discipline (such as human forensic medicine, ballistics, etc.) which has also highlighted an almost indissoluble link, a very close link which sees the violence against animals as a signal that is almost always a precursor to violence against human beings (feminicides, domestic abuse or highly antisocial behaviour).

In short, an enormous impetus has been given to the prevention and punishment of cruel and horrible human behaviors which until recently were little known or considered.

The law on the failure to give aid

Too often, circulating with our car, we see animals that have died on the road, without unfortunately anyone taking care of providing them with due assistance, obviously within the scope of their skills and possibilities.

This increasingly frequent situation has been remedied by the Traffic Laws which, atart. 189 (which talks about the behavior to adopt in the event of an accident), the point 9-to which, in addition to the obligation to assist the wounded, establishes the further obligation to lend pet care or income possibly involved.

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In particular, the driver has the duty to stop and implement all suitable measures for the arrival of specialized assistance.

Thinking about it, the scope is remarkable: not so much for the sanction (only economic) that derives from it in case of non-compliance, but for the moral value expressed, that is, to help a weaker being who until recently was not even contemplated in this sense.

However, we must always remember that, apart from accidents for animals circulating on the road, our pets must always be taken with us in the car in compliance with the provisions of the Code, drawn up to guarantee optimal safety for our friends and specially designed to guarantee the driver and…passengers a serene and safe journey!

The obligations of the municipalities for the welfare of pets

With the reform of Title V of the Constitution, the Regions and Municipalities were given ample power to legislate and promulgate rules and regulations on subjects that are sometimes of great importance.

Many Regionstherefore, starting from the first decade of the two thousand yearshave enacted very well detailed laws regarding the protection of pets (ie our little friends) alongside the pre-existing and still valid ones on the management of farms and livestock.

Furthermore, in this wake, many (if not all) municipalities have their own Regulations for the protection of petstracing and specifying even more in detail the regional dictates.

In principle, the rules for protecting animal rights in Italy are substantially identical between all the bodies involved, sometimes with small differences due to individual specific realities. These are often simple rules that can be applied immediately and must be followed by every aware owner, also for the purpose of protecting themselves from any neighborly complaints.

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The cardinal principle that guides all this legislative apparatus establishes that the pet must be kept according to the ethological and species requirements, i.e. the sacrosanct obligation to comply with the nature of the possessed animal in order to guarantee it an existence as close as possible to the one it would have in nature according to the needs of the species to which it belongs.

Also very important is the ban on keeping dogs in chains and the free movement and access of animals in offices, spaces and public transport as long as they do not disturb other users.

In short, many freedoms finally and rightly conquered, but always with the utmost respect for civil and peaceful coexistence.

So go peacefully for a walk with Fido and, why not, with Micio as long as no harm is done to anyone and above all, collect their needs in the appropriate bags: not only is it a gesture of fairness and civility but you will avoid a rather (rightly) hefty fine!

In many realities it was also the ban on keeping animals in apartments has been abolishedthat is to say that at the condominium level it cannot be forbidden to keep your friend at home with us!

Who defends animal rights?

Finally, it is worth emphasizing how, at the municipal level, many local police forces in Italy have organized themselves to set up their own Office for the Protection of Animal Rights.

Reports regarding non-compliance with laws and regulations on the correct management of our pet friends must be sent to it, provided, of course, that they are the result of real situations of transgression.