The Nonlinear Library EA - Animal Welfare is now enshrined in the Belgian Constitution by Bob Jacobs
May 4, 2024
12:45
Welcome to The Nonlinear Library, where we use Text-to-Speech software to convert the best writing from the Rationalist and EA communities into audio. This is: Animal Welfare is now enshrined in the Belgian Constitution, published by Bob Jacobs on May 4, 2024 on The Effective Altruism Forum.
A while back, I wrote a quicktake about how the Belgian Senate voted to enshrine animal welfare in the Constitution.
It's been a journey. I work for GAIA, a Belgian animal advocacy group that for years has tried to get animal welfare added to the constitution. Today we were present as a supermajority of the senate came out in favor of our proposed constitutional amendment. [...]
It's a very good day for Belgian animals but I do want to note that:
1. This does not mean an effective shutdown of the meat industry, merely that all future pro-animal welfare laws and lawsuits will have an easier time. And,
2. It still needs to pass the Chamber of Representatives.
If there's interest I will make a full post about it
if once it passes the Chamber.
It is now my great pleasure to announce to you that a supermajority of the Chamber also voted in favor of enshrining animal welfare in the Constitution. Article 7a of the Belgian Constitution now reads as follows:
In the exercise of their respective powers, the Federal State, the Communities and the Regions shall ensure the protection and welfare of animals as sentient beings.
This inclusion of animals as sentient beings is notable as it represents the fourth major revision of the Constitution in favor of individual rights. Previous revisions have addressed universal suffrage, gender equality, and the rights of people with disabilities.
TL;DR: The significance of this inclusion extends beyond symbolic value. It will have tangible effects on animal protection in Belgium:
1. Fundamental Value: Animal welfare is now recognized as a fundamental value of Belgian society. In cases where a constitutional right conflicts with animal protection, the latter will hold greater legal weight and must be seriously considered. For example, this recognition may facilitate the implementation of a country-wide ban on slaughter without anesthesia, as both freedom of religion and animal welfare are now constitutionally protected.
2. Legislative Guidance: The inclusion of animal welfare will encourage legislative and executive bodies to prioritize laws aimed at improving animal protection while rejecting those that may undermine it. Regressive measures with certain interests (e.g. purely financial interests) will face increased scrutiny as they are weighed against the constitutional protection of animal welfare.
3. Legal Precedent: In legal cases involving animals, whether criminal or civil, judges will be influenced by the values enshrined in the Constitution. This awareness may lead to greater consideration of animal interests in judicial decisions.
Legal importance
In the hierarchy of Belgian legal norms, the Constitution is at the very top. This means that lower regulations (the laws of the federal and regional parliament(s), the regulations of local governments and executive orders) must comply with the Constitution.
If different rights must be weighed against one another, the one that is enshrined in the Constitution is deemed more important. Previously, religious freedom was in the Constitution and animal welfare was not, meaning the former carried more weight. Article 19 of the Constitution merely states that the exercise of worship is free unless crimes (criminal violations of law) are committed in the course of that exercise.
There have been many attempts to ban unanesthetized slaughter; in some regions they were successful, in others not, in all of them they led to fierce legal debate and lengthy proceedings. Enshrining animal welfare in the constitutional will finally ensure a full victory for the animals.
(The exercise of other fundamental rights besides religious freedom can also have a negative impact on ani...
A while back, I wrote a quicktake about how the Belgian Senate voted to enshrine animal welfare in the Constitution.
It's been a journey. I work for GAIA, a Belgian animal advocacy group that for years has tried to get animal welfare added to the constitution. Today we were present as a supermajority of the senate came out in favor of our proposed constitutional amendment. [...]
It's a very good day for Belgian animals but I do want to note that:
1. This does not mean an effective shutdown of the meat industry, merely that all future pro-animal welfare laws and lawsuits will have an easier time. And,
2. It still needs to pass the Chamber of Representatives.
If there's interest I will make a full post about it
if once it passes the Chamber.
It is now my great pleasure to announce to you that a supermajority of the Chamber also voted in favor of enshrining animal welfare in the Constitution. Article 7a of the Belgian Constitution now reads as follows:
In the exercise of their respective powers, the Federal State, the Communities and the Regions shall ensure the protection and welfare of animals as sentient beings.
This inclusion of animals as sentient beings is notable as it represents the fourth major revision of the Constitution in favor of individual rights. Previous revisions have addressed universal suffrage, gender equality, and the rights of people with disabilities.
TL;DR: The significance of this inclusion extends beyond symbolic value. It will have tangible effects on animal protection in Belgium:
1. Fundamental Value: Animal welfare is now recognized as a fundamental value of Belgian society. In cases where a constitutional right conflicts with animal protection, the latter will hold greater legal weight and must be seriously considered. For example, this recognition may facilitate the implementation of a country-wide ban on slaughter without anesthesia, as both freedom of religion and animal welfare are now constitutionally protected.
2. Legislative Guidance: The inclusion of animal welfare will encourage legislative and executive bodies to prioritize laws aimed at improving animal protection while rejecting those that may undermine it. Regressive measures with certain interests (e.g. purely financial interests) will face increased scrutiny as they are weighed against the constitutional protection of animal welfare.
3. Legal Precedent: In legal cases involving animals, whether criminal or civil, judges will be influenced by the values enshrined in the Constitution. This awareness may lead to greater consideration of animal interests in judicial decisions.
Legal importance
In the hierarchy of Belgian legal norms, the Constitution is at the very top. This means that lower regulations (the laws of the federal and regional parliament(s), the regulations of local governments and executive orders) must comply with the Constitution.
If different rights must be weighed against one another, the one that is enshrined in the Constitution is deemed more important. Previously, religious freedom was in the Constitution and animal welfare was not, meaning the former carried more weight. Article 19 of the Constitution merely states that the exercise of worship is free unless crimes (criminal violations of law) are committed in the course of that exercise.
There have been many attempts to ban unanesthetized slaughter; in some regions they were successful, in others not, in all of them they led to fierce legal debate and lengthy proceedings. Enshrining animal welfare in the constitutional will finally ensure a full victory for the animals.
(The exercise of other fundamental rights besides religious freedom can also have a negative impact on ani...