The Cavalier King Charles Spaniel looks like a dog from a children's illustration - with big eyes, long ears and a gentle expression. However, behind this attractive appearance, the Norwegian court sees a problem accumulated over generations of selection: a breed in which serious hereditary diseases are so common that purebred breeding is now against the law.
On October 10, 2023, the Supreme Court of Norway ruled that the continued breeding of Cavalier King Charles Spaniels is contrary to Article 25 of the Animal Welfare Act. The decision was made by three votes to two. In it, the court explicitly stated: „The breeding of Cavalier King Charles Spaniels is contrary to Article 25“.
When appearance brings pain
The law requires breeding to create resilient animals with good function and health. It is also prohibited to transmit hereditary characteristics that impair the physical or mental functions of the animal, limit its natural behavior or raise strong ethical objections.
In the case of the Cavalier, the court accepted that a significant proportion of dogs suffer from severe hereditary diseases, and there is no prospect of the problem being significantly reduced in the near future. Among the most serious are mitral valve disease and Chiari malformation, which can lead to syringomyelia - a painful neurological condition. In the case of heart disease, the damage can progress to heart failure and death.
The Norwegian Society for the Protection of Animals, which is bringing the case, lists more than 25 hereditary diseases associated with the breed. According to the organization, the problems are the result of many years of breeding in a limited genetic circle, which preserves the breed's purity and specific appearance, but increases the risk of diseases.
The ban does not mean that the dogs are banned
The decision does not eliminate the breed from Norway and does not oblige owners to part with their pets. Cavalier King Charles Spaniels are allowed to be owned, sold and imported, provided that general rules for traveling with animals are observed.
However, purebred breeding is prohibited in the country. This includes mating, artificial insemination, pregnancy and birth. The restriction applies when both parents are purebred Cavaliers. Crossbreeding with other breeds is not automatically prohibited, but even then the breeder must prove that the animals are suitable and that the offspring will not be doomed to suffering.
The case has been going on for more than three years
The dispute began in 2020, when the Norwegian Society for the Protection of Animals filed a lawsuit against the Norwegian Kennel Club, breed clubs and six breeders. On January 31, 2022, the Oslo District Court ruled that breeding Cavalier King Charles Spaniels and English Bulldogs violates the law. After an appeal, the case reached the Supreme Court.
The court distinguished between the two breeds. For the English Bulldog, the possibility of breeding under a specific program and certain health requirements was left. In the case of the Cavalier, the majority accepts that the existing model does not provide a sufficient guarantee for a rapid and significant improvement in health.
The Norwegian Food Safety Authority states that the ban will be monitored in the control of dog breeding. Thus, the case of the small spaniel becomes a bigger question: how far can the desire to preserve the breed standard go when the price is paid in chronic pain, treatment and a shorter life.
Sources: domstoll.no, dyrebeskyttelsen.no, mattilsynet.no