French city first to sign European animal protection decree: what does it say?

The city of Strasbourg in eastern France has become the first in the country to sign a new European declaration to protect animal rights.

It signed the European Declaration of Animal Rights (Déclaration Européenne des Droits de l’Animal) on Wednesday, January 29.

What does the declaration include?

The declaration document is divided into ‘bans’, ‘preservation’, ‘legal status’ and ‘education’, and brings in new regulations aimed at protecting animals.

It states, for example: 

• No animal may be subjected or exposed to an act of cruelty

• The legal protection of animals must be not be repressive and administrative, but civil and constitutional

The text does not have any legal value but the principle behind it is to help European judges and MPs to “build their reasoning” when considering future animal welfare and abuse cases and legislation.

Animal rights judge, professor, and specialist in the law of the European Convention on Human Rights, Jean-Pierre Marguénaud, is one of the eight French lawyers who drafted the new declaration. 

He said that the group had presented the declaration in Strasbourg (Grand Est) as a “question of legitimacy”. “It is a European declaration of animal rights, and Strasbourg is in a way the capital of Europe,” he told Actu.fr. 

Strasbourg is the seat of the European Parliament.

“We wanted to set up an animal defence law that would be the equivalent of human rights law,” he said.

He added that he hopes the declaration will bring together the work of more animal rights associations. 

“The world of associations is tremendously dedicated, and the work done by volunteers and managers is extraordinary,” he said to France Bleu. “But such a proliferation of associations, and sometimes the quarrels between them, is detrimental to the animal cause.”

He said he is pleased to have already gained the support of many associations and would continue to work to help the sector “reach a more united bloc”.

Other cities to sign

Other cities and towns are set to adopt the declaration imminently, according to a gradual timetable.

• February 17: Brest, Brives, Annecy, and Toulouse (the anniversary of the adoption of article 515-14 of the French Civil Code giving animals the status of sentient beings).

• February 28: Toulon

No definite date has been confirmed for certain other major cities, including Grenoble, Lyon, Bayonne, Pau and Paris. However, the bill’s proponents are determined to take it to as many as possible.

The text on the same issue is set to be presented to the European Parliament in March or early April, said Mr Marguénaud.

Other countries are also set to join France in adopting the declaration. 

“A team is currently translating the text in Spain,” said the professor. “That should provide us with more support in the coming days.”

Animal rights laws in France

The new declaration comes days after a man in France became the first person to be ordered to pay compensation for animal cruelty. He was also sentenced to eight months in jail for the offence.

Read more: Cat compensation case is 'turning point' for animal rights in France 

Magistrates in Lille ordered the unnamed man to pay €100 in damages due to ‘préjudice animalier’ charges over the battering and mutilation of the cat, Lanna, during a case heard on January 11, 2024. 

He was also found guilty of causing psychological suffering.

The symbolic €100 was donated to the northern branch of one of France’s biggest animal welfare associations, the Ligue protectrice des animaux du Nord de la France (LPA-NF).

“[This is] one more step toward animal rights,” said Graziella Dode, a lawyer who specialises in animal rights, to The Connexion. She was the prosecutor in the case of the cat, Lanna, who unfortunately died in July 2023 due injuries sustained from her cruel treatment.

Ms Dode said that the ‘préjudice animalier’ charge recognised the animal as the main victim in the case and said that it could lead to other similar judgements.

“We found ourselves before a jurisdiction that heard our arguments out, a judge who took the time to analyse what we brought forward,” she said.

“I am pleased because it means we are thinking about the status of animals," Jacques-Charles Fombonne, President of the La Société Protectrice des Animaux (SPA), France’s leading animal welfare group.

Legally, animals in France are protected by a 2015 law that declares them ‘être vivant doué de sensibilité’ or sentient living beings. However they are still considered ‘goods’ rather than ‘persons’ in the legal sense of the term.

French animal welfare laws

However, France has introduced new measures on animal cruelty in recent years.

This includes a law passed in 2021 that requires new pet owners to sign a declaration of engagement, knowledge of the animal’s physical and emotional needs, and the financial burden involved in owning a pet.

Read more: France’s new animal welfare law passes: What will it change for pets?

The law also includes:

• A ban on the sale of cats and dogs in pet shops by late 2024

• Tougher sentences on animal cruelty charges

• A ban on dolphins and orcas being used in public shows by 2026

• A ban of wild animals in touring circus performances

• A ban on mink farming.

Read also: Fears for future of Marineland whales in south of France

Ms Dode said that she hopes that ‘préjudice animalier’ will be enshrined in the French Civil Code.

“I hope animals will be considered ‘persons’ one day” she said, admitting that “we still have a long road ahead”.