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As a pet mom, and general friend and advocate for all living creatures, I find it shocking that the law would treat the abuse, inhumanity, and neglect of any animal as less important, less worthy of protection under the law, than that of the welfare of a child. Both are helpless creatures unable to defend and protect themselves. (AP Photo/Rui Vieira-pa, file)
With this gross injustice in mind, let’s review where the legal system goes wrong in its scope and definition of animal abuse/neglect laws. These laws vary from state to state with Texas (my home state) being far more narrow in its definition of which animals are to be protected by law. In Texas, pets owned by someone are protected, but if that same pet gets outside, runs away, and is abused by another person, the animal is deemed wild and therefore not protected.
Where does the law go wrong, then? Animals are allocated as “property” of the owner. As property, the owner may do what they wish with their pet except abuse, or neglect the health and well-being of the animal. The problem is in prosecuting someone for the handling of their own property. If history serves its function in teaching us anything, then try and remember that just a few hundred years ago, slaves were considered the “property” of their owner and therefore had no rights under the law. Slaves were abused, neglected and replaced when their usefulness ended. Animals are treated by many today no better than slaves were back then. This is a harsh analogy, but one that should offer a vivid example of the type of cruelty animals require protection from. It was a travesty of justice and a violation of human rights then, and it's a travesty of justice and a violation of animal rights now.
The problem is in defining pets as property. If animals, both domesticated and wild, were defined in a similar manner as children (who are defined as natural persons), more rights could be afforded them under the law. For example, if instead of property, animals were defined as living, conscious beings, the law could expand to include protection against mental and emotional as well as physical cruelty. Even children have a limited scope of protection under the law as they are not adults considered able to bring suit, vote, drive, and all other civil rights granted to adults 18 and over, but they have far more protection than animals. It’s in the lack of application of civil rights to animals where the failure truly occurs. Why should civility be denied to any living creature?
Both child and animal abuse/neglect should be considered a felony charge on all levels including mental, emotional and physical abuse. Until we correct this negligent terminology of the law as it applies to animals, violators will continue to get off lightly for crimes that demand a fair amount of jail time when committed against children. By lightly, I refer to the fact that those who are prosecuted for animal cruelty successfully are often only fined and rarely see jail time.
As a society, we need to demand better of our legal system in respect to protecting those who cannot speak or stand up for themselves. Anyone who has a pet knows how much love and loyalty that animal brings to their lives. Without hesitation, a dog or cat will defend its owner from harm in a violent situation. How could we, as compassionate human beings, do any less for them?
Write your local senators and congressmen to demand any necessary amendments to the laws governing animal abuse in your state. Click here to find animals abuse laws for your state.
Would you like to help animals? Check out the website for the ASPCA!
If you have information about animal abuse, an animal advocacy organization/fundraiser, or wish to share an animal rescue story, please email me at megwynn@msn.com. I am always happy to help get the word out.
Related articles: Reiki for pets? You bet!; Activists take on puppy mills; Recalled cat food sickens 21 cats
All articles by Michele Gwynn are under copyright and cannot be reposted in part or whole without written permission by the author. For permission, email megwynn@msn.com.
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Comments
Can't believe the neglect and subsequent cruelty that exists today. Humans should be interviewed and all homes visited before anyone is allowed to take an animal home.
Are u seriously comparing the plight of slaves to animals?
Last time I.checked slaves weren't given purified water bowls, pet food better than some food I've seen in third world countries and oh yea live a carefree live without want for hunger and attention.
Why dont you expend some energy on saving starving american children or being a mentor instead.
Well James,you are right to a certain degree. Yes, fortunatly, most animals today are given those luxuries. Purified water bowls,good quality pet food...ya you are right BUT the point of the article is directed towards those pets that are not so lucky. The starved,dehydrated,abused,tortured,neglected animals that dont get the luxury of ANY food,water,comfort,warmth etc. This is the point of the article. When the laws change and animals are no longer looked upon as 'property', then and only then will laws be enforced enough to stop the cruelty.The article is on pets not people of third world countries James.Maybe thats an area you can work on. PS Michele, great article!
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