Document type: article published in Huffington Post
Author: Lucie Hennequin
Preview: Following the death of a cat in the Hauts-de-France region of France, the Lille Correctional Court has recognized the principle of "animal prejudice" ("préjudice animalier"). This is a first in France, where animals are still legally classed as movable possessions. On Thursday, January 11, 2024, the Lille Correctional Court recognized a case of "animal prejudice" ("préjudice animalier", using a French legal concept meaning harm, damage, or injury) in a case of animal cruelty. On July 14, 2023, Lanna, a cat that was only just one year old, died following multiple blows to the head caused by fists and wooden slats. The father of the family that owned her pleaded guilty. He was given an 8-month suspended prison sentence and permanently banned from owning a pet. He was also ordered to pay compensation to the Ligue protectrice des animaux du nord de la France (LPA-NF), an animal protection association which had brought the case as a civil party, for material prejudice, moral prejudice and - what is unprecedented - animal prejudice. It is therefore the association that will receive the €100 awarded for the last of these and not the animal. "This is a new legal concept. Animal prejudice recognizes the animal's status as a victim and the suffering it has experienced. Admittedly, it does so in a symbolic way for the moment, because the sum is small. But morally, this is a big thing," Grizella Dode, the Lille lawyer who got the court to recognize this form of prejudice, told the HuffPost. A specialist in animal and environmental law, the lawyer explained that the recognition of "ecological prejudice" following the Erika oil spill inspired her to adopt a similar approach in the current case.
No legal personhood for animals
It remains to be seen whether this decision will establish a precedent. Jacques-Charles Fombonne, President of the Société Protectrice des Animaux (SPA), has expressed some reservations about this legal classification. The status of domestic, tamed and captive animals, is currently governed by the Civil Code, within the legal framework for movable possessions. It is complicated for animals to escape this framework, despite the animal prejudice ruling. "We make 300 - 400 complaints each year, and are compensated for acts that contravene the purpose of our association, i.e. animal protection", he explained to HuffPost. Recognition of animal injury does not mean that an animal can be compensated directly. "For as long as an animal is not a legal person, it cannot be compensated as such," acknowledges the lawyer. But this is still a minor revolution, because it is an isolated decision that sets a precedent. We have taken a step forward in the evolution of the status of animals. Jacques-Charles Fombonne concedes this fact, concluding that "Whatever legal form it takes, from the moment we recognize animal prejudice that marks a step forward in society towards greater care for animals. It's a step in the right direction.
