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Research Article

Spay/neuter laws as a debated approach to stabilizing the populations of dogs and cats: An overview of the European legal framework and remarks

Pages 281-293 | Published online: 31 May 2022
 

ABSTRACT

To reduce the (over) population of unwanted companion non human animals, namely dogs and cats. They are used to lower negative impacts on human societies and on the animals themselves, and opting for the neutering status is usually considered a demonstration of “responsible ownership.” In Western countries, however, such provisions are not uniform and must increasingly be balanced with the recognition of animals as sentient beings with interests under the law. Furthermore, there is no consensus on whether routine neutering benefits both human and nonhuman parties, and the veterinary profession progressively claims the need for case-by-case management. Such premises make deciding how to manage companion animals’ reproductive lives legally challenging. The current work examines the European legal framework for companion animal protection and animal legal status after providing a brief overview of the global problem of overpopulation. Subsequently, the author discusses the main legal approaches to controlling companion animal reproduction, in European countries. Remarks about the legally binding option and on alternative approaches are provided, while highlighting the persistent need for appropriate and coherent European legislation.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. Article 3.38: Things, natural or artificial, corporeal or incorporeal, are distinguished from animals. Things and animals are distinct from persons.

2. Article 3.39: Animals are sentient and have biological needs. The provisions relating to tangible things apply to animals, in accordance with the legal and regulatory provisions that protect them and with public order.

Additional information

Funding

The author(s) reported there is no funding associated with the work featured in this article.

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