The well-being of animals or animalium as a protected legal good: From their consideration as a res to living beings endowed with sensitivity

Abstract

Through this research work we intend to offer an analysis of recent legislation in order to know what is today the legal-civil protection of animals in Spain, through various mechanisms and innovative instruments that have been implemented in recent years. Well, first of all, we will see how after the reform operated by Law 17/2021, animals have already been expressly recognized as living beings endowed with sensibility; moving away, therefore, from the traditional concept that identified them as things. The above will help us, in a second part of our study, to examine the most recent Law 7/2023, a regulation
whose purpose is not only to guarantee the welfare of animals but also to regulate the recognition and protection of their dignity by society; already understood in our spanish legal system as living beings within our environment of coexistence
(Preamble I).