A limited constitutional opening
The 2023 constitutional proposal contained a provision requiring the State to protect animals and promote their welfare. Its inclusion showed that animal protection had reached constitutional debate, but the wording remained cautious and narrow.
The proposal did not recognise animal sentience, did not treat animals as subjects of special constitutional consideration, and did not provide a direct action allowing their interests to be judicially asserted. The duty was framed mainly as a mandate to public authorities.
Welfare without enforceability
Constitutional language can guide legislation and public policy, but its practical force depends on the rights, duties, and remedies that accompany it. A general welfare clause may influence interpretation, yet it leaves broad discretion where it is not connected to enforceable standards or institutional guarantees.
The debate therefore illustrated both progress and its limits. Animal protection was no longer absent from constitutional vocabulary, but it was not integrated into a framework that would transform how animals are treated across property, production, environmental regulation, or access to justice.
What a future debate should address
A stronger constitutional approach would begin from the recognition that animals are sentient beings whose interests cannot be exhausted by their economic value. It would link that recognition to positive state duties, legislative coherence, and procedural routes capable of giving those duties practical effect.
The proposal's defeat closed a particular constitutional process, not the underlying question. The task remains to develop a constitutional language that does more than announce welfare as an aspiration.
