Animal sentience and criminal law: Spain as a European point of reference for comparative analysis with Latin America

Abstract

Legal systems, almost without exception, are gradually adapting to scientific advances and evolving social values regarding animal sentience. The common goal is to improve the protection of animals based on their sentience. However, this is often legislatively undervalued. This paper therefore seeks to answer one main question: what is protected and how is it protected? Firstly, the criminal protection of animals in Spain is analysed as an example of a common direction in the European Union. Secondly, a brief comparative analysis is carried out with Latin America in order to conclude whether there is a common political-criminal direction and how legislative measures aimed at achieving the common goal affect animal protection.