Animal law, the meat industry and the climate.

(((Pablo Pérez Monereo. Member of the Animal Law Commission of the ICA of Jaén. Senior technician in environmental management. Practitioner in environmental and agri-food law. Founder and CEO of Viridis Iuris.)))

Article published in abogacia española/publications.
https://www.abogacia.es/publicaciones/blogs/blog-de-derecho-de-los-animales/derecho-de-los-animales-industria-carnica-y-el-clima/

On 5 October 2021, Congress approved the modification of the Civil Code in relation to the consideration of animals as sentient beings or living beings endowed with sentience. This milestone in animal law marks a before and after in terms of their treatment at all levels, and its consequences in the regulation of other activities related to them. There is no doubt that this is a great day for the animals protected under our legal regime. It is also a sign of an advanced society, placing us on a par with other European and international societies.

When we think of this news, our dog or pet comes to mind, the sport we practice with our animal, or the relationship that this fact has when we eat a good veal cutlet with potatoes, garnished with a fabulous salad, which is so tasty. If we analyse this fact we come to industrial livestock farming and so many other businesses based on animals kept for agricultural purposes. Where then is animal law or the rights of (non-human) animals? Domestic animals, companion animals, we could identify them as those that we have introduced into our emotional and social life, into our families. Thus we establish a difference between one and the other, companion animals or animals for "consumption" or the sustenance of human needs. Such as, among others, food, for the most part. In this way, on a subjective or particular level, we establish which animals have a higher "status", so to speak, than others. In other words, we decide on the basis of our experience of living together and, depending on the species, we decide for what purpose it is intended. How many breeders have given a "privileged" position to a particular cattle, goat, dog or horse because of its nobility, character or the profitability it brings to their business, not destined for meat consumption. (This reflection can be clarified in the draft bill of the Law for the protection and rights of animals, but we will not go into it in this article).

In Europe and Nordic countries the legal situation is highly protective of animal welfare. And with this we could say that Spain is in the legal vanguard of animal law focused on companion animals. But not so much for animals destined for human consumption. Spanish legislation contains the compendium of regulations in the Code of Animal Protection and Welfare. State legislation has extensive regulations concerning animals kept for agricultural purposes: "A": Protection of animals on livestock farms; "B": Protection of animals during transport; "C": Protection of animals at the time of slaughter. The legislation in the Autonomous Community of Andalusia includes the Statute of Autonomy of Andalusia, the Andalusian Law on Sport and Law 11/2003 of November, on the protection of animals.

It is interesting to mention the Universal Declaration of Animal Rights approved by the United Nations (UN) and the United Nations Educational, Scientific and Cultural Organisation (UNESCO). They could serve as pillars or foundations of animal law. The following articles are interesting in relation to the "macro-farms" of industrial livestock farming and their legal status, leaving aside the SMEs in the sector: Art. 5 a) Every animal belonging to a species that traditionally lives in the environment of man has the right to live and grow at the pace and under the conditions of life and freedom that are appropriate to its species. b) Any modification of this pace or these conditions imposed by man for commercial purposes is contrary to this right. Art. 9: When an animal is bred for food, it must be fed, housed and transported, as well as slaughtered, without causing it anxiety or pain. Art. 10a) No animal shall be exploited for human entertainment. The Animal Protection and Welfare Code has gone to great lengths to implement these articles. But it is true that the reality in many cases is very different, with financial aspects taking precedence over other aspects of greater importance for this article. The jurisprudence is full of cases.

Some arguments for the establishment of factories are based on the generation of employment in direct relation to rural depopulation in the villages of empty Spain. But reality has shown us with extensive studies that there is no direct positive relationship between the fight against depopulation and the generation of employment in the meat industry or "macro-farms".

Based on data from the National Institute of Statistics on the demographic evolution in municipalities with less than 5,000 inhabitants and the pig farming censuses provided by the Regional Administrations, this relationship is analysed from the year 2000 to 2020 in the following territories: Aragon, Castilla-La Mancha, Castilla y León, Catalonia, Galicia, Granada, the Basque Country, Valencia and Murcia, areas chosen for concentrating the largest industrial pig censuses in Spain.

Business culture has reacted to a large extent to this reality. By measuring the high environmental and social cost of production in the meat industry. By investing in R&D. As a result, a famous hamburger chain has developed a star product: a Vegan Burger, thus responding to consumer demand. Another innovative development is the possibility of manufacturing meat for human consumption from stem cells. Small and medium-sized meat production farms see an increase in sales in organic products, or if the animal is reared in a traditional way in its natural ecosystem.

Currently, the climate change summit organised by the UN in Glasgow #COP26, is making a great effort to reverse global warming by focusing on economic actions that can achieve these objectives among which the meat industry and its innovation are one of the fundamental pillars. To quote some words of scientific depth: "We do not want to tell people what to eat, but it would be beneficial, both for the climate and for human health, if people in many rich countries consumed less meat and if politicians created appropriate incentives to do so". Hans-Otto Pötner Co-Chair, IPCC Working Group II. [The Intergovernmental Panel on Climate Change (IPCC) is responsible for providing reliable and accurate information to the member countries of the United Nations Framework Convention on Climate Change (UNFCCC) so that they can make science-based policy decisions].

Undoubtedly, the food industry knows how to look for alternatives for its assets. It is possible to eat healthily without polluting or harming the environment and animal rights. Day by day we will see, not without effort, how it evolves in a sustainable way.