Fictio Iuris
Since September 2023, when British Prime Minister Rishi Sunak announced the ban on the American Bully XL dog breed, there have been mobilizations and protests. While animal rights advocates and owners of these dogs oppose the prohibition, Sunak justifies it by citing several alleged attacks by dogs of this type, the latest being at the end of 2023 when a dog of this breed fatally attacked its owner.
Controversy is underway, and rightly so, as the measure will declare illegal the breeding, sale, advertising, exchange, gift, rehoming, abandonment, and possession of American Bully XL dogs. This will not only affect the owners but also their families because, despite dogs being considered animals, they often become cherished members of the family. From a legal perspective, particularly from an international standpoint, interesting debates may arise regarding Article 12 of the Universal Declaration of Human Rights or Article VI of the American Declaration of Human Rights. Both provisions are dedicated to recognizing, guaranteeing, and protecting the right to form a family. Some may argue that the family consists only of human members; however, it's essential to consider that concepts change, and just as marriage is no longer exclusively the union of a man and a woman, non-human members should not be excluded from the family circle or conceptualization.
In today's world, where the rights of both humans and animals, as well as environmental concerns, are acknowledged, Sunak's measure may generate waves of criticism that extend beyond emotional aspects to become genuine legal controversies.
On the other hand, the decision to ban the American Bully XL breed implies a measure that doesn't address the real circumstances of the problem. Associations like the United Kennel Club in the US argue that these animals make excellent family dogs, displaying friendly behavior despite their powerful appearance; the Bully XL can weigh up to 60 kg. Starting from this repeated description, the UK's decision seems to look in the wrong direction, as it has been emphasized repeatedly that a dog's behavior reflects the education provided by its owner. In this regard, if the owner trains the dog to fight, the breed becomes inconsequential, and even a chihuahua could potentially attack (clearly, not with the same consequences as a 60 kg dog) and, according to Sunak's reasoning, should be banned.
As always, the solution is not to legislate, regulate, and dictate but to educate. The owner's education is the dog's education. Excessive regulation and interference by lawmakers in collective life can not only lead to legal conflicts but also social conflicts by establishing a state that does not respect pluralism and seeks authoritarian control through prohibition and repression.
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