Animal rights in Poland

The continuous and dynamic development of civilisation has led people to recognise the problems associated with the subjectivity of animals and the need to ensure their protection. This is due to society's growing awareness and belief that animals have the right to be free from suffering because they are living and conscious beings. Nowadays, they are often treated as members of the family.

 

How have man's views shaped animal rights?

The approach of humans to animals was and still is instrumental. The thoughts of Thomas Aquinas, based on Aristotle's theory of the hierarchy of beings, amounted to the claim that less perfect beings naturally serve more perfect beings. In the same way, Kant's claims denying the ‘moral subjectivity’ of animals as beings lacking free will formed the basis of the object-oriented approach to animals, also in legislation.

A turnaround in the approach to animals and the need to see their subjectivity took place in the 19th century. However, assertions relating to the question of providing protection to animals were expressed relatively recently, only half a century ago by Peter Singer. Tom Regan, on the other hand, spoke of the inherent moral rights of animals, which should find recognition in legislation.

In recent decades, views on the dehumanisation of animals have emerged, concerning their separate legal status from property objects. A view based on the personalisation of animals has also emerged, referring to giving them rights similar to those enjoyed by humans.

As a consequence, there have been a number of developments concerning animal rights and protection in European legislation. For example: conventions for the protection of farm animals, animals for slaughter, or domestic animals.

Animal rights in Polish legislation

Animal rights issues are also of interest to the Polish legislator, as manifested in the Act of 21 August 1997 on the Protection of Animals.

Article 1 of this Act already indicates that an animal is a living being capable of experiencing suffering and is not an object. Man owes him respect, protection and care.

The provisions of the Law on the Protection of Animals also regulate key aspects of animal protection, namely the prohibition to kill animals (with certain exceptions) and the prohibition of abuse, which is further specified by listing an exemplary catalogue of behaviour understood as abuse.

The killing of animals permitted by the legislator may take place in accordance with the conditions set out in the law. These conditions refer primarily to the killing in a humane manner, consisting in inflicting minimum physical and mental suffering and in accordance with separate provisions (here, one can indicate above all the provisions of the Act of 13 October 1995 - Hunting Law).

In terms of abuse, the legislator identified obvious manifestations of this reprehensible behaviour such as injuring, maiming or beating an animal. Behaviour such as:

• using sick, or too young or old animals for work or for sport or entertainment, and forcing them into activities that may cause pain;

• maliciously frightening or teasing animals;

• exposing a pet or farm animal to weather conditions that endanger its health or life.

  
  

What are the penalties for non-compliant behaviour towards animals?

Liability for killing (killing, slaughtering in violation of the Act) as well as for animal abuse is regulated by Article 35 of the Act.

According to its wording, the above-described behaviour is punishable by imprisonment of up to three years. This responsibility is aggravated by a range of 3 months to 5 years' imprisonment if the perpetrator acted with particular cruelty.

In certain cases, it is possible for the court to impose a criminal measure in the form of a ban on owning any animal or a specific category of animal for a period of one to 15 years.

In addition to the above-mentioned responses, the court shall order the forfeiture of the animal that was the victim of the offence, if the offender is its owner. In addition, the court is obliged to award a sum of money in the amount of PLN 1,000 to PLN 100,000.00 for a designated purpose related to the protection of animals.

Lobster problem

The literature on proposed legislative solutions for the protection of animals points to the need to protect invertebrates, such as lobster, which is prepared by boiling it in hot water without killing it first. This is primarily due to research indicating that such animals are capable of sentience.

The adoption of the aforementioned solutions by the legislator would entail the possibility of criminal liability for cooks or, in terms of aiding or abetting, for restaurant owners.

Up to now, the cook has not been held liable, as the extraction of meat and criminal liability in relation to improper killing or the use of cruel methods in breeding and rearing have predominantly concerned butchers or animal keepers.

Summary

The development of human civilisation is linked to the evolution of philosophical thoughts, which ultimately lead to legal solutions that emphasise the subjectivity of animals and the need to protect them, under the threat of specific sanctions. However, these regulations are far from ideal and often fail to keep up with the growing subjectivity of animals, focusing mainly on protection against existing and new threats. Nevertheless, the existing regulations have had a positive impact on increasing public awareness of animal rights.

Contemporary issues concerning animals, including not only issues of animal protection, but also their property importance and even the possibility of claiming funds for their maintenance in the context of maintenance cases. This was discussed in our previous blog post. We encourage you to read it!