Animal Welfare Law
Code: 102285 ECTS Credits: 6| Degree | Type | Year |
|---|---|---|
| 2500786 Law | OT | 4 |
Contact
- Name:
- Nuria Coch Roura
- Email:
- nuria.coch@uab.cat
Teachers
- Cristina Becares Mendiola
- (External) Es determinaran en breu
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
Teaching is face-to-face and class attendance is compulsory in continuous assessment
That students have sufficient knowledge of English (intermediate level) to be able to consult the materials indicated to them.
Undoubtedly, the enactment of Law 17/2021, of 15 December, amending the Civil Code, the Mortgage Law and the Civil Procedure Act, on the legal regime of animals and, Law 7/2023 on Animal Welfare represent an important turning point in this matter
The reform of the legal regime of the animals in the Spanish Civil Code follows the lines that have marked other near legal orders, that have modified their Civil Codes to adapt them to the greater social sensitivity towards the animals existing in our days, and also to recognize their quality of sentient beings endowed with sensitivity.
On the other hand, Article 13 of the Treaty on the Functioning of the European Union required states to comply with animal welfare requirements as "sentient beings".
With the new regulation, art. 333, establishes “all things that are or may be the object of appropriation are considered movable or immovable property”, but it is specified that animals are living beings endowed with sensitivity, which does not exclude that in certain aspects additionally apply the legal regime of the goods or things.
The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals.
Objectives and Contextualisation
It is essentially a study about:
Animal Law in a global context and its origins
Animal Welfare Law in Europe and Common Law Countries
Policies for teaching animal law in various countries
Impact of the Teaching of Animal Law on Society
Integration of the teaching of Animal Law in the different phases of the teaching
Teaching Animal Law in the Law Degree
Animals have been for the law, from the traditional regulations that originate from Roman and medieval sources, things. Property that can be disposed of by the owner on the same terms as anything else. Civil coding only dealt with animals insofar as they may be the object of possession, ownership, contracts, or sources of liability.
In this same period of time, the natural sciences have explained forcefully that animals are not just another thing in nature, but sentient beings with many elements in common with human beings, capable of feeling and suffering. The regulations, however, have not changed until the last years of the 20th century, when there was a growing social sensitivity.
These are the new rules that consider the protection of animals to be of interest, establishing rules that discipline human relations with them, but establishing, as a guideline, the interests of animals, giving them a more respectful and attentive treatment than the flat and uniform regulation of property in the Code, which would always have allowed the owner of a thing to dispose of its conservation and destruction, its suffering and its death.
This emerging field of law, such as the science of animal welfare applied to legal regulation, offers future lawyers, jurists, and legal operators a unique platform for training in a discipline that combines legal technique with subjects that are essential for understanding the social and cultural context in which the new relationship between animals and law is manifested.
In this sense, it is included:
1.-The legal status of animals in law. Comparative overview.
2.- The Civil Code: Liability for veterinary acts with animals and protection. Possession and "Duty of Care".
3.- The 20th century: from isolated Animal Welfare rules to "Animal Welfare Law" in the EU and globally.
A.- Companion Animals, Production Animals, Entertainment Animals, Experimental Animals, Animals in Sport. Hunting
B.- Incorporation into the European Union and parallel process of partial incorporation (still incomplete) into the policies of the Council of Europe. Incorporation into other international institutions. OIE. EFSA. CITES
C.- Spanish law, autonomous from European law in the second half of the nineties: a) the exponential growth of autonomous law, starting with the 1995 Law of Catalonia; and b) principles created by administrative and judicial practice. Municipal competence in animal protection
4- Animal maltreatment and the State's duty to defend the vulnerable.
A.- Animals in captivity. Zoos, Aquariums. Sanctuaries and Habeas Corpus
B.- Fish, Aquaculture. Birds. Invertebrates
C.- Urban Fauna. Wild animals.
D.- Animals and Culture. Animals in fashion. Animals in the Armed Forces and in warlike conflicts.
E.- Animal defence and protection movements. Animal Advocacy
D. Animal-assisted therapies. Animals in natural disasters. Epidemics and pandemics
Competences
- Acquiring the basic knowledge from the several legal dogmas and presenting them in public.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Explaining the legislative reforms and jurisprudential changes.
- Identifying and solving problems.
- Identifying, knowing and applying the basic and general principles of the legal system.
- Working in multidisciplinary and interdisciplinary fields.
Learning Outcomes
- Analysing the law subjected to the change of social, political and economic movements, which influence its evolution as a historical product.
- Assessing the legal foundations and historical evolution of the animal welfare in Spain, in the European Union and in other not -European legal regimes (USA, Canada and Latin America).
- Considering, reasoning and solving practical cases about legal patrimonial conflicts.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Identifying and solving problems.
- Identifying the roots of global law.
- Integrating the well-being of animals in the public health and food security, demands of a society exposed to new risks.
- Placing the legal status of animals in the field of sustainable development.
- Working in multidisciplinary and interdisciplinary fields.
Content
GENERAL ORIENTATION PROGRAM
1.-Animals and Law: Key Concepts
2.-Historical evolution of animals in law I
(beginning of dual treatment)
3.-Historical evolution of animals in Law II
(animals in the Middle Ages and modernity)
4.-Historical evolution of animals in Law III
(animals in contemporary law)
5.-Animals and administrative regulation
(production, research, hunting)
6.-Animals in Autonomous Community Law
7.-Animals and Civil Law
(responsible keeping and Law 17/2021)
8.-Animals and Criminal Law
9.-Wild Fauna
10.-Animals and International Law: International Treaties and EU Regulation
11.-Practical aspects: Administrative, Civil and Penal Law
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Masterclasses | 22 | 0.88 | 7, 8, 2 |
| Practical activities | 22 | 0.88 | 4, 3, 5, 9 |
| Type: Autonomous | |||
| Assessment | 0 | 0 | 1, 4, 3, 5, 8 |
| Reading texts | 44 | 1.76 | 4, 8, 2 |
| Study | 62 | 2.48 | 4, 7, 3, 5, 8, 9, 2 |
The lecturer's interventions will be in the form of an informative exhibition, from which individual and group participation will be encouraged.
All this may be supported by the following didactic resources:
- Dossier of the summaries of the presentations in class, with the legislation to be consulted.
- Power point slides to illustrate the exhibitions.
- Informative and didactic videos.
- Presentation of practical cases.
Updated reference material to solve doubts or obtain additional information.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Assessment
Continous Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Continuous assessment of practices | 50 | 0 | 0 | 4, 7, 3, 5, 9 |
| Theoretical Classes | 50 | 0 | 0 | 1, 4, 6, 7, 3, 5, 8, 9, 2 |
Course evaluation
There are two assessment models: continuous assessment and single assessment.
In the continuous assessment, attendance at the directed activities (classes and practices) is compulsory.
In the single assessment, attendance in theory and practical classes is not required, only the evaluable tests.
1.- Continuous assessment:
Students must attend the directed activities (lectures and seminars). They will have to complete the 2 proposed practices and solve the proposed evaluable activities in the classroom. Each of the written practices counts for 25% of the mark.
The specific date or week of the evaluable activities will be published on the Virtual Campus before the start of the course, without prejudice that, exceptionally and for reasons of force majeure, these may, with sufficient notice, be modified.
Students may benefit from supervised activities (tutorials) both individually and in groups.
The final mark of the course if this system is followed is obtained from the grade of the 2 evaluable written assignments that the student has to do throughout the course, as well as from the mark of the final exam.
1.1- Practices (50% of the final mark)
There are two examinable practical or written assignments. Each one counts for 25% of the final mark for the course and takes place on dates that have been previously notified.
The practice that has not been carried out will have 0 points.
1.2 - Final exam (50% of the final mark)
It will consist of a single exam, in the form of a test, of all the content of the course, which will be worth 50% of the final mark.
For the continuous assessment, students must obtain a minimum mark of 3 points in the final exam in order to be able to average it with the final mark obtained in the two evaluable practices.
Details of the multiple-choice test, such as the number of questions or the penalties for incorrect answers, will be published on the virtual campus.
1.3 Re-evaluation of the course.
Students who have failed the course, i.e. the average of the two evaluable practices and the test (final exam) is a fail, may take a re-evaluation exam provided that they have taken the two evaluable written practices (even if they have not passed).
The type of exam and the conditions are published on the virtual campus. The final grade of this exam will be the final grade of the course.
1.4 Students will be assessable as long as they have carried out a set of activities the weight of which is equivalent to a minimum of 2/3 of the total grade for the subject. If the value of the activities carried out does not reach this level, the teacher of the subject may consider the student as not assessable.
2. Single assessment.
In the single assessment, students do not have to attend the directed activities (theory classes and seminars).
The single assessment must be requested within the deadlines and in the form established by the Faculty and implies the renunciation of continuous assessment.
This means that the assessment is concentrated on a single date, despite the fact that various types of tests must be taken and the same number of pieces of evidence as for continuous assessment.
Specifically, there will be three tests, two of a practical nature and an exam with the same characteristics as the continuous assessment.
Each of the two practical tests will be worth 25% and the theory exam 50%.
The same re-evaluation system will be applied for continuous assessment.
Students who request a single assessment can make use of the supervised activities (tutorials) with the teaching staff on an individual or group basis.
Non-assessable: The same criteria for non-assessable as for continuous assessment will be applied.
Bibliography
BASIC
For each module, students will be recommended to read readings appropriate to the syllabus.
Software
The subjec does not require any specific software.
Language list
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (PAUL) Classroom practices | 1 | Spanish | second semester | morning-mixed |
| (TE) Theory | 1 | Spanish | second semester | morning-mixed |