For over two years, Puerto Rico has considered domestic and domesticated animals as “sentient beings,” and not objects or property. According to our Civil Code of 2020, we must treat these animals according to their nature. We must consider their well-being and physical security in decisions on their guardianship and care. Certain steps are to be taken when they are lost and found by someone other than their guardian, and, in cases of separation or divorce, their interests must be accounted for.
The Civil Code defines domestic animals as those that were raised by, are cared for, and are dependent on a guardian. Domesticated animals are those that have had their behavior modified to perform certain functions, including those of rescue, protection, training, therapy and assistance. Wild animals, and animals that may be domestic or domesticated, but are destined for industrial, sport or recreational activities, are excluded from all these provisions. The law therefore still considers them property.
What does classifying an animal as a sentient being, and not a thing or property, mean in terms of their protection and well-being? Aside from the provisions dictating what to do when an animal is found, or is part of a family separation or divorce, the Civil Code provides little guidance on what it means to be a “sentient being” (as opposed to an object), and how to treat an animal according to its nature.
Sentient animals abroad
Other countries also, in part, consider animals as sentience, deserving of better treatment than that we would give to an inanimate object, at least to an extent. Switzerland’s Civil Code states that “animals are not objects.” Only where no special provisions exist governing animals, they are subject to laws on objects. Austrian law has a similar provision. The Portuguese Civil Code also states that animals are not objects, but that they can be subject to property law. France’s Civil Code was amended in 2015 to revise the status given to animals from moveable property to living beings gifted with sentience who are subject to the protection laws, as well as laws governing objects.
In December 2021, Spain passed legislation recognizing animals as beings with sensibility and only considered “things” or property by default; in other words, where no separate legal provision exists. Either way, the treatment they receive must be in line with their nature and consider their protection. In the next few weeks, the Spanish parliament will approve a more detailed animal protection law that explains it means to recognize sentience in an animal, the treatment and environment required for specific animals, and limitations to the kind of animals that can be kept as pets.
Questions on Sentience for Puerto Rico’s Legislature or Courts
Hopefully, sooner rather than later, Puerto Rico’s legislature or courts will further define or interpret what is meant by a “sentience being,” and is the treatment such a being requires. For example:
- Can healthy domesticated animals that pose no danger to the public be euthanized?
- Can pet stores sell animals?
- Should we automatically assume that it is okay to put the life and well-being of rescue and guard dogs at risk?
- Should we stop certain activities, such as fireworks, that negatively affect the well-being of domestic animals and can be life-threatening?
- Can landlords, homeowners’ associations, and store owner’s restrict entrance of pets?
- Will damages awards for harming or killing an animal be based solely on the being’s economic worth, and the emotional damages caused to their guardian? Or is there some intrinsic value that must be considered because the animal is sentient and lost their life, or were harmed emotionally or physically?
In addition, we should question why domestic animals, are considered “sentient beings,” and other animals are not.
- Should we continue to consider wild animals, that are completely able to live and survive on their own, property?
- At what point is a domestic or domesticated animal “destined” for industry, sport or recreation, and not sentience? Can an animal move in and out of these labels depending on the animal’s current guardians and situation?
- Can an argument be made for recognizing the sentience of endangered animals? Either because of their benefit to the ecosystem or biodiversity, or their benefit to human’s desire to appreciate certain charismatic animals?
Conclusion
The courts or the legislature will have to eventually answer these questions. Or order to do so, they may look to other country’s interpretation of their sentience laws. While Puerto Rico’s recognition of sentience is limited in that it only applies to domestic or domesticated animals, the law leaves more room for interpretation in that it is clear that property law does not apply. While other countries allow their property laws to apply to treatment of animals when appropriate, Puerto Rico does not. In the case of domestic and domesticated animals in Puerto Rico, it is clear: they are not property.