Horse and Animal Protection in Modern Law: From Agricultural Resource to Sentient Subject Introduction: Legal Status in Historical Perspective Historically, the horse was considered movable property, a "living thing" (res animalis) in law, reflecting its key economic role in transportation, agriculture, and military affairs. Modern law, especially in developed jurisdictions, has undergone a significant shift, increasingly recognizing the horse (along with other vertebrates) as a sentient being, whose well-being is protected not only in relation to the owner's interests but also due to its inherent value. This gives rise to a complex legal regime, balancing between property laws and special animal protection laws that take into account the specific physiological and behavioral needs of the species. Key Aspects of Horse Well-being in the Legal Field Modern legal standards, based on scientific data from zoopsychology and veterinary medicine, focus on ensuring the "Five Freedoms" adapted to horses: Freedom from hunger, thirst, and undernourishment: Legislation requires providing access to fresh water and a diet appropriate for age, weight, and workload. Special attention is paid to the quality of roughage (hay, pasture) to maintain gastrointestinal health, which is a species-specific need. Freedom from discomfort: Requires providing adequate shelter from the weather, a safe place to rest (stall with sufficient size, bedding), and the opportunity to lie down. In some countries (e.g., Switzerland, Germany), there are norms for minimum stall area, mandatory turnout, and a ban on permanent tethering. Freedom from pain, injury, and disease: Requires mandatory vaccination, timely veterinary care, and humane handling. This raises an acute issue with sports and working overloads, where legal norms clash with commercial interests. A vivid example is the international scandals in equestrian sports (show jumping, dressage, racing) involving banned methods (foremanship, hyperflexion of the neck, use of electric spurs), leading to stricter FEI (International Equestrian Federation) regulations. Freedom of natural behavior: This is the most complex aspect to regulate. Horses are herd animals with a high need for movement, social contact, and investigative activity. Advanced legislation (in the EU, especially in Scandinavian countries) directly prohibits permanent solitary confinement. Directive 98/58/EC on the protection of animals kept for farming, although allowing for exceptions, establishes a general principle: the system of keeping should meet the species-specific and behavioral needs. This implies mandatory turnout, contact with conspecifics (visual or tactile), and environmental enrichment. Freedom from fear and stress: Prohibits cruel treatment, training methods causing pain and panic, and requires minimizing stress during transportation and slaughter. Special Legal Regimes and Problematic Areas Sport and racing horses: The legal conflict here is maximized. On one hand, they are valuable assets whose health is important to owners. On the other hand, extreme loads, a rhythm of life, unnatural conditions of keeping often lead to pathologies. The law tries to intervene through veterinary regulations for competitions, doping control rules, and post-race animal care. In the UK, after scandals, there is active discussion about a law to create a registry of racing horses to track their fate after their careers end. Working horses (including in the tourist sector): Legal regulation focuses on regulating working hours, loads, conditions of exploitation (weight of load/riders, condition of harness, temperature regimes). In some countries (Egypt, Greece, Caribbean islands), animal rights defenders are fighting for a ban on riding horses and donkeys on hot paved streets without adequate rest and water. Breeding and genetics: The law regulates issues of inbreeding, the permissibility of certain breed standards leading to suffering (although this is less pronounced in horses than in dogs). Also, the problem of uncontrolled breeding (overbreeding) leading to the appearance of unwanted animals and their subsequent abandonment. Slaughter for meat and transportation: In the EU, there is strict regulation of the conditions and methods of slaughter (Requirement for stunning with a single shot to the brain, minimum stress). The issue of cross-border transportation of live horses for slaughter (often from Eastern Europe to Italy) is particularly acute, where long multi-day journeys in tight spaces without sufficient feed and water cause mass protests by animal rights defenders and have led to stricter rules. Wild and feral horses (mustangs in the US, brumbies in Australia): Their legal status is dual — they are considered part of the natural heritage but may also be regarded as an invasive species causing damage to ecosystems. This gives rise to legal battles between ecologists, animal rights defenders, and farmers. The management of their populations (capture, sterilization, euthanasia) is a highly sensitive legal and ethical issue. Comparative Analysis: European Union and Russia EU: Has the most developed system of protection. In addition to the general Framework Directive, there are numerous specialized acts on transportation, slaughter, and the keeping of farm animals. The horse is clearly distinguished from the category of "productive" animals in some contexts, and its well-being is regulated separately. Judicial practice (e.g., cases in the Netherlands, Germany) increasingly recognizes animal suffering as a separate damage. Russia: The Federal Law "On Responsible Treatment of Animals" (2018) establishes general principles but contains almost no species-specific specifications. There are no detailed sub-legal acts on minimum stall area, socialization, turnout for horses. Gaps in the law and weak control lead to the persistence of problems: horse stalls like garages, year-round tethering, lack of veterinary care in rural areas, cruel "dressage" methods. The key task is the development of veterinary legal expertise and the creation of industry GOSTs on horse keeping. New Challenges and Trends Digitalization and identification: The introduction of mandatory microchipping and passporting (as in the EU) helps combat homelessness, illegal trade, and track the life cycle of the animal. Expansion of the concept of cruelty: Cruelty is now being attributed not only to direct torture but also to systematic neglect of species-specific needs (lifelong isolation, lack of movement). Rights vs. well-being: There is a discussion in the scientific and legal communities: is the concept of "well-being" enough, or should we move towards recognizing subjective rights (on life, freedom from exploitation) for some animals. While the horse remains an object of the law with enhanced protection, but not its subject. A vivid example of progress: In 2022, the UK passed a bill recognizing vertebrates as sentient beings and obligating the government to consider their well-being in the development of any policy. Although it is a declaration, it sets a new direction. Conclusion: From Ownership to Stewardship Modern law regarding the horse is in a transitional state. It is gradually moving away from a purely proprietary paradigm, towards a model of responsible stewardship, where the owner bears not only the right to dispose of but also serious obligations to ensure comprehensive well-being based on scientific understanding of the species. However, the gap between progressive legislation (mainly in the EU and individual US states) and law enforcement practice in many regions of the world remains colossal. The future of legal protection for horses lies in further specification of species-specific norms, strengthening independent control, developing education for owners, and integrating scientific data on the cognitive and emotional abilities of horses into legal texts. This is a long journey from perceiving the horse as a "living machine" to recognizing it as a complex social and sentient partner of humans, whose interests the law is obligated to protect.
© library.ug

Permanent link to this publication:

https://library.ug/m/articles/view/Horse-and-Animal-Protection-in-Modern-Law