MADE FOR EACH OTHER Legal, Ethical, and Theoretical Perspectives on Companion Animals in Italy

Abstract

          Companion animals or pets hold an important place in Western society, yet their normative classification often lacks consistency and clarity. Therefore, this paper assesses Italy’s legal framework governing animal welfare. The latter includes statutory provisions on companion animal care and punitive measures such as fines and imprisonment for abuse. It adopts a doctrinal and normative approach to trace inconsistencies in legal classification and enforcement. It underlines that recent reforms have focused on stronger state supervision and public oversight. For instance, a recent constitutional amendment explicitly acknowledged animal interests, deeming their well-being inherently valuable rather than solely instrumental to human needs. Regrettably, despite these improvements, national jurisprudence still does not accept animals as sentient beings, a standard already endorsed by other European nations. The study also evaluates the influence of Catholic teachings on popular attitudes about animal welfare in Italy. Finally, it proposes two legislative reforms: the first is a “Pet Custody and Welfare Covenant” to protect animals in instances of separation or divorce. The goal is to assist courts that currently lack clear guidance on the post-separation status of pets. The second stipulates psychological assessments and counselling for individuals convicted of animal cruelty. This adjustment fills a legislative shortcoming in Italy, where recidivism is under-addressed and institutional rehabilitation mechanisms are weak in this area.