The breeding of English Bulldogs and Cavalier King Charles Spaniels has been officially outlawed on health grounds in Norway in a historic ruling which could have consequences in other countries.
Oslo District Court ruled in the trial on “unethical breeding” on Monday, reaching an unanimous verdict.
The breeding of these dogs is now illegal under the country’s Animal Welfare Act 25.
Animal Protection Norway took the case claiming there were no healthy examples of English Bulldog and Cavalier King Charles Spaniel in the country which could ethically be used for breeding healthy dogs.
Now welfare groups across the world are expected to turn their focus to these and breeds with hereditary disorders found in their own countries.
Cavalier King Charles Spaniel are susceptible to heart defects, chronic headaches or syringomyelia, eye disease and joint problems where the kneecap is out of its normal position on the femur.
English Bulldogs are susceptible to breathing problems or Brachycephalic Airway Obstruction Syndrome due to their short and wide skulls and short snouts. They can also suffer skin problems, inverted eyelashes, kidney stone disease and kneecap dislocation.
Through their Honestly campaign, the Norwegian Society for Protection of Animals worked for several years to bring attention to unethical breeding.
In 2018 the group issued legal proceedings against the Norwegian Kennel Club, the Norwegian Cavalier Club, the Norwegian Bulldog Club and six breeders of English bulldog and Cavalier King Charles Spaniel for violating the Animal Welfare Act’s breeding provision.
And the result of their case returned on Monday was historic.
Åshild Roaldset, vet and the CEO of the NSPA says she hopes the new law will help bring an end to extreme genetic engineering of the breeds, the suffering of poorly bred litters of puppies and the heartache of many owners.
Aschild said: “This is first and foremost a victory for our dogs, and for us at Animal Protection Norway. It is a historic verdict that attracts international attention. The man-made health problems of the bulldog have been known since the early 20th century. But dogs have the right to be bred healthy.
“Now we have the wording in the law after the Oslo District Court ruled that dogs must be bred healthy. In the last 50 years, there has been a rapid technological and scientific development in breeding. In Norway, we have the infrastructure and technology to be able to achieve good, scientifically based breeding work.
“Our dogs deserve to benefit from this development, and the way we breed dogs must be adjusted according to the knowledge available at the time.
“This verdict has been a long time coming. For many decades, sick dogs have been bred in violation of Norwegian law in a systematic and organised betrayal of our four-legged friends. Today it has been confirmed that this is a crime.
“The ruling clarifies the need for change. Animal Protection Norway has proposed the introduction of ID marking and the systematic use of temperament, traits, health data and kinship data in breeding.
“Without traceability and the use of databases, it is impossible for the Norwegian Food Safety Authority to conduct effective supervision of dog breeding.
“In 2020, the EU came up with guidelines for dog breeding, and it was natural that these guidelines would apply to all dog breeding in Norway, both for purebred dogs and for mixed breed dogs.
“Many European countries have similar legislation, and a similar disease burden in their dogs. We hope that this ruling can help improve dogs’ health far beyond our borders. Honestly, the campaign and the trial have reached many corners of the world. Today’s date will go down in history as an anniversary for our dogs. Everyone who loves dogs has reason to celebrate today. This is an anniversary for our dogs that we can all celebrate.”
The ruling covers three areas:
*Modifying hereditary issues so that they adversely affect the physical or mental functions of animals, or which continue such hereditary systems.
*Reducing the ability of animals to exercise natural behaviour.
*Increasing general ethical reactions so animals with hereditary issues shall not be used in further breeding.
Norwegian Society for Protection of Animals says Monday’s court ruling does not mean that breeding of Bulldogs or Cavaliers will end entirely and “as serious and scientifically based cross-breeding could be a good alternative”.
In July The Norwegian Parliament voted to amend the wording of the Norwegian Animal Welfare Act’s breeding clause to ensure the Norwegian Kennel Club, breeder groups, and private breeders were all responsible for breeding healthy, fit animals.
It meant that breeders could be held legally liable for violations of the breeding clause in a push to bring an end to pedigree dogs’ suffering while strengthening legal position against unscrupulous breeders.
However the new ruling has been criticised by the Norwegian Kennel Club, who say that responsible breeding work should be allowed to continue with welfare and health as priorities.
Tom Øystein Martinsen, chairman of the NKK said: “A breeding ban is still not a breed ban, and the consequences of this are great. Irresponsible players will be ready to take over the market producing dogs from breeding that are not subject to any form of control. Then the professional competence, health requirements and information about the health status and history of the breeding animals will disappear.
“As the situation is today, where there is no obligation to ID-mark the dog and there is no overview of those who breed outside the NKK system, in principle all unregistered breeding can take place without any kind of follow-up and control.”
