Criminal Law and the Protection of Non-Human Animals: From Anthropocentrism to Ecocentrism? Reflections on Organic Law 3/2023, of 28 March

Keywords: Criminal Law, non-human animals, ecocentric perspective, suffering, vertebrate animals

Abstract

Human sensitivity towards animal suffering has grown significantly over the last few decades, which has generated numerous transformations in the legal field. This article addresses how the criminal protection of non-human animals has evolved over the last few years, specifically analyzing whether LO 3/2023, of 28 March, reflects an evolution from an anthropocentric perspective to one in which animals themselves occupy a central position as sentient beings with the capacity for suffering. In this sense, it is noted that, although it is true that this reform represents an important step forward -especially because of the introduction of the term «vertebrate animal» in the Criminal Code- there is still a long way to go to embrace a truly ecocentric perspective. In any case, this paper defends that animal abuse cannot be seriously examined without questioning the nature of an economic, political and social system which is based precisely on the exploitation of animals.

Received: 23.09.2025
Accepted: 16.12.2025

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Author Biography

Carlos Fernández Abad, Universidad Rey Juan Carlos, Madrid. España

Profesor Permanente Laboral del Área de Derecho Penal

Published
2025-12-27
How to Cite
Fernández Abad, Carlos. 2025. “Criminal Law and the Protection of Non-Human Animals: From Anthropocentrism to Ecocentrism? Reflections on Organic Law 3/2023, of 28 March”. Estudios De Deusto 73 (2), 139-69. https://doi.org/10.18543/ed.3446.
Section
Special Issue