A “Me too” Movement in the Equestrian Arena?
“Never look a gift horse in the mouth” is a well-known saying, yet the proverb might recently have gained new meaning. Just before the recent World Cup finals in dressage and show jumping in Riyad, there were reports about horses with blue tongues in the dressage sport. These non-human athletes did not get enough air, presumably due to overly tight bridles and excessive pressure applied by their riders. Show jumping sport has also been the object of several investigations involving unethical methods, such as “rapping,” an illegal method used to force horses to jump higher fences. Moreover, horse racing has been hit by scandals, as in 2024 two horses died at the Grand National at Aintree, causing animal advocacy groups to call for tougher safety measures.
Horses are an interesting category of animals to study, serving many roles: as sports companions, friends, and agricultural animals to keep the landscape open. The equestrian sport is currently in a crisis concerning adequate levels of animal protection. Apart from the horrible incidents mentioned above, in Denmark, for example, there have recently been two scandals with wide international ramifications involving the shocking practices of maltreating sports horses. The first one concerns a well-known international training stable where horses were starved to death and buried on-site without any permission from authorities or contact with veterinarians. The second involves a famous dressage stable and stallion owner whose staff used abusive training methods. The crucial question to ask is whether enough changes are being made to improve animal welfare in equestrian sports.
This blog post has three aims: first, to address the problem of animal abuse in equestrian sports and why it should constitute a breach of EU law and values beyond the limited terrain of market laws concerning agriculture rules or free movement. Secondly, the post will briefly assess the constitutional significance of the EU as an actor in these matters and its relationship to the Federation Equestrian International (FEI), the equestrian sports equivalence of FIFA. EU sports law literature almost exclusively focuses on football and basketball, overlooking equestrian sports with few exceptions (see, for example, my own attempt). This is unwise, as equestrian sports encompass many dimensions: animal welfare, animal-human relations, and gender equality, being the only truly equal sport where men and women compete in the same competitions. Thirdly, the blog post discusses how the EU could take a more active role in protecting animals as part of its sustainability agenda.
Animal welfare and EU constitutional law
In The Beast and the Sovereign, Derrida famously stated that “neither animals nor kings are subject to the law—the sovereign stands above it, while the beast falls outside”. While the point of constitutional law writ large is exactly to ensure that not even the sovereign stands above all law, it is the case that animals largely fall outside the law in their own right. When it comes to the question of who protects animals, it seems that no one takes responsibility. The EU sustainability agenda and the European Green Deal could serve as a potentially important area for animal welfare to flourish. Indeed, one of the criticisms of sustainability is that it has not sufficiently included animals. The EU could play a leading role in this regard rather than leaving it to sports organizations. Animal rights and environmental matters often go hand in hand; therefore, there is scope to develop the European Union’s sustainability agenda further. Although animals do not currently have standing in EU law, animal rights are highly relevant in EU law.
In EU law, animals are treated as part of agricultural matters within the internal market. The EU has legislation concerning, for example, animal feeding and animal welfare in relation to the internal market and consumer protection. There is also legislation on passports for pets and horses. However, civil society groups such as Eurogroup for Animals argue that the current EU rules are not sufficient for comprehensive, or even basic, animal welfare. The current legislative framework expresses a predominantly instrumental approach to animals, treating them primarily as property.
What is needed is a discussion on the prospects of animal rights to become a part of Article 2 TEU and EU values, the rule of law, and the vision of interspecies justice, with animals being expressly mentioned in Article 2 TEU (which is not currently the case). Article 13 TFEU states that:
In formulating and implementing the Union’s agriculture, fisheries, transport, internal market, research and technological development, and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions, and regional heritage.
This is a sensitive area. Unlike cattle, horse flesh is not usually consumed according to religious slaughter rules. However, Article 13 TFEU presents contradictions, as it seems to give with one hand and take away with the other. Because of its ambiguous meaning, Article 13 TFEU has been called an empty victory for animal rights (see Katy Sowery).
A Good life for horses? An updated Code of Conduct
In response to the scandals mentioned above, the FEI has revised its code of conduct. The FEI “requires all those involved in international equestrian sport to adhere to the FEI Code of Conduct and to always acknowledge and accept that the welfare of the horse must be paramount.” It is positive that something is changing for the better, but the problem is that this relates only to competition horses. Most national equestrian associations have adopted the same internal rules, but this is insufficient since training and abuse of animals outside of sport are left to domestic animal cruelty laws, which are often challenging to enforce. Additionally, the question remains why only competition horses should be protected.
Currently, the FEI acts like a quasi-legislator, implementing animal protection norms. However, the EU should be the actor in these matters. One could argue that the EU has a constitutional obligation to ensure that sentient beings – horses and other animals – are treated with respect. There is some legal infrastructure for this; Article 13 TEU mandates that animals, as sentient beings, be treated with respect. Additionally, Article 165(2) stipulates that the EU shall develop a European dimension in sport by promoting fairness. There can be no fairness in sports if animal abuse occurs.
The European Equestrian Groups and European Citizen initiative
A European branch of the FEI, the European Equestrian Federation, could play a crucial role in advocating for change. The European Federation’s central vision is to “promote equestrian sport in a spirit of unity, solidarity, understanding and fair play, to safeguard the values of equestrianism, promote and protect ethical standards and good governance in European equestrianism”. In a recent webinar hosted by the federation with sports representatives, President Theo Ploegmakers raised the question of what it takes to protect horses. The experts at the webinar concluded that there is a need for collective responsibility, the need to share best practices, and a shift in culture. Johan Fyrberg, President of the Swedish Equestrian Federation, even spoke of a “Me too” movement in the equestrian sport, encouraging witnesses to report horse abuse and not turn a blind eye.
Interestingly, a recent European Commission-approved Citizens’ Initiative entitled “End The Horse Slaughter Age” calls for “a law to stop long-distance transportation of horses across Europe for slaughter and a regulation to protect horses from being compelled to do excess work or hard training”. It is a very important development that horses are now being discussed in an EU institution. Incidentally, Ms Ursula van der Leyen, reportedly a horse lover herself, gave a speech at a European Horse Network where she outlined EU policies that present opportunities for the horse industry, including agriculture, green tourism, NextGenerationEU and the Green Deal. The Green Deal arguably incorporates both the idea of green and fair sport as well as sustainability concerns as a possible avenue for increased EU action in these matters.
Conclusion
Currently, animal protection is not sufficiently harmonized and enforced in the EU, but there are reasons to be hopeful. The EU should take the lead and require member States to implement comprehensive animal protection systems, including both criminal laws and administrative measures. This is not only a matter for the internal market and agricultural rules but also touches upon the EU’s sustainability agenda and its green commitments. Animal rights could also be considered an EU value in itself. Leaving such matters to sports organizations overlooks the need to protect horses not involved in organized and official competitions. Key issues include balancing animal protection, EU values, sustainability, and the quasi-legislation adopted by national and international sports organizations. The EU clearly states that animals are sentient beings (Art 13 TEU). However, the judiciary may also need to take a more active role. The dynamic case law on climate law litigation might be useful as an inspiration where animals and their rights should arguably be seen as part of the “EU’s ecosystem”. The EU institutions could further develop the sustainability agenda, animal rights, and the notion of green sport and animal welfare as important EU principles.
Empirical research has shown that horses play a central role in both preserving and shaping landscapes and contributing to human well-being. Ideally, the idea of a “good life” for humans should also apply to animals themselves, with humans acting as fiduciaries to ensure animal well-being. These questions are too important to leave solely to sports organizations. The EU should guide member states in creating a sustainable future for both human and non-human animals alike.
