swiss animal law developments and international comparison dr. gieri bolliger foundation for the...
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Swiss Animal LawDevelopments and International Comparison
Dr. Gieri Bolliger Foundation for the Animal in the Law
Conference «Animal Law and Ethics»Zurich, July 8, 2012
Overview
I. Milestones of Swiss Animal Welfare Law• Constitutional anchoring• Legal status• Animal's dignity
II. Weak Points of Swiss Animal Welfare Law• No protection of animal's lives• Scope of application• Deficiencies in enforcement
III. Take Home Message
IV. Questions and Discussion
I. Milestones of Swiss Animal Welfare Law
1. Constitutional Anchoring of Animal Welfare
Animal welfare
• moral obligation for everyone
however, self-responsability is not enough
→• mandatory regulations by the state
→
need for strong support from a binding law
strong legal pillars for animal welfare
I. Milestones of Swiss Animal Welfare Law
1. Constitutional Anchoring of Animal Welfare
1973 Art. 80 Swiss Constitution (BV)
→→→ important part of the legal system, same status as other
state goals
obligation for the legislator to enact animal welfare provisionsanimal welfare is a state matter and a state goal
I. Milestones of Swiss Animal Welfare Law
1. Constitutional Anchoring of Animal Welfare
1981 first Swiss Animal Welfare Act (TSchG) first Swiss Animal Welfare Ordinance (TSchV)
2008 totally revised Swiss Animal Welfare Act (TSchG)totally revised Swiss Animal Welfare Ordinance
(TSchV)
• international comparison:
→• from an animal welfare point of view:
→
one of the most progressive Animal Welfare Acts
only minimal standards, no ideal treatment of animals
OK
I. Milestones of Swiss Animal Welfare Law
2. Legal Status of Animals
2003 Art. 641a Swiss Civil Code (ZGB)
«Animals are not objects.»
→
→ animals are now legally considered as
new legal category in addition to
persons
and objects
animals
I. Milestones of Swiss Animal Welfare Law
2. Legal Status of Animals
→ however,
• several changements in Swiss Law:
• property law• tort law• inheritance law • dept enforcement and bankruptcy law
• no rights and obligations
• animals still belong to their owner’s property
• symbolic significance
legal recognition as sentient beings
I. Milestones of Swiss Animal Welfare Law
3. Protection of the Animal’s Dignity
1992 Swiss Constitution protects the «dignitiy of creature» (Art. 120 BV)
2008 Swiss Animal Welfare Act protects the «animal’s dignity»
Art. 1 TSchG (Purpose)«The purpose of this Act is to protect the dignity and welfare of animals».
Art. 3 TSchG (Definitions)Dignity: «Inherent worth of the animal that has to be regarded when
handling it. (…)».
→
animals must be respected and protected for their own sake
I. Milestones of Swiss Animal Welfare Law
3. Protection of the Animal’s Dignity
• «classical» (physical) elements
protection from pain, suffering, harm and fear
• «ethical» elements
e.g.
→
tendency from a pathocentric towards a biocentric animal welfare
• humiliation
• excessive instrumentalization
• drastic interference with the
animal’s appearance or abilities
I. Milestones of Swiss Animal Welfare Law
3. Protection of the Animal’s Dignity
• protection of animal’s dignity is not complete
• every stress violates the animal’s dignity
however, not every violation of the dignity is a disregard
→→→
interests of animal‘s dignity vs. user‘s interests
justification is possible consideration of interests
only a disregard is legally relevant
I. Milestones of Swiss Animal Welfare Law
3. Protection of the Animal’s Dignity
Criminal Provisions:
Art. 26 TSchG (cruelty to animals)
«Anyone who deliberately
a. mistreats or neglects an animal, unnecessarily overworks it or
in any other way disregards its dignity;
(…)
is liable to a term of imprisonment or a fine.»
I. Milestones of Swiss Animal Welfare Law
3. Protection of the Animal’s Dignity
primates experiments (2009)political decisionspostal
delivery
dolphin import ban (2012)
docking
zoophilia
court decisionsabsolutely prohibited by law (2008)
torture breeding
I. Milestones of Swiss Animal Welfare Law
3. Protection of the Animal’s Dignity
examples being discussed
II. Weak Points of Swiss Animal Welfare Law
1. No protection of animal’s lives
Art. 1 TSchG (Purpose)
«The purpose of this Act is to protect the dignity and welfare of animals».
→ even if life can be considered as the most fundamental interest of an animal
however, not to protect their life
II. Weak Points of Swiss Animal Welfare Law
1. No protection of animal’s lives
motive: various human demands in using (and killing) animals
prohibited as cruelty to animals (Art. 26 TSchG): • killing in a torturous manner
• mischievous killing
• killing in fights with or between animals
II. Weak Points of Swiss Animal Welfare Law
1. No protection of animal’s lives
→
→
«reasonable motive»
decisions about life and death lie in the hands of the animal’s owner
killing is legal if there’s no pain, suffering, harm or fear
II. Weak Points of Swiss Animal Welfare Law
2. Only vertebrates are protected by the Animal Welfare Act
birds fishes
reptiles amphibians
mammals
exceptions: cephalopods and reptantia
II. Weak Points of Swiss Animal Welfare Law
2. Only vertebrates are protected by the Animal Welfare Act
→
→
motive:
only 5% of animal species are protected by law
no legal protection e.g.
for spiders,
snails
or insects
no scientific evidence about their capacity for suffering
invertebrates
II. Weak Points of Swiss Animal Welfare Law
3. Deficiencies in Enforcement
requirements to achieve improvement:
• appropriate instruments and structures
• state authorities with far-reaching competences
• specific stakeholders for animals
• appropriate staff
• awareness
• professionnel competence
• dedication
III. Take Home Message
• animal welfare doesn’t work without binding law
→
• animals are sentient beings which live for their own sake
→
• even the best law is only as good as its implementation
→
requires legal anchoring, at best on aconstitutional level
requires progressive regulations regarding their natural needs and capacity for suffering
requires appropriate tools and staff forthe enforcement
Thank you for your attention!