Animal welfare law

from Wikipedia, the free encyclopedia

Animal welfare law includes case law and laws on animal welfare issues. They were issued in many countries to protect animals , especially vertebrates such as domestic and farm animals, from cruelty and abuse by humans and to regulate the handling of animals, animal husbandry and use, animal welfare and animal experiments . International regulations include in particular the trade in live animals and animal products subject to the protection of species .

In recent years, animal welfare laws have been tightened in most of the countries of the European Union and its neighboring countries. In Spain a uniform animal welfare law is planned, but not yet enacted. In China and India there are few or no regulations on animal welfare law.

history

Already in the Old Testament there are instructions and legal requirements for responsibility and careful treatment of fellow creatures. In the empire of the north Indian emperor Ashoka (272 BC – 232 BC) the position of animals was already regulated by law. An early modern animal protection law came into force in 1502 under Sultan Bayezid II in Istanbul. It was made a criminal offense if farm animals such as horses and donkeys were not treated properly or had to work under agony. This also included that the animals had to wear appropriate harness and saddle.

The EC Directive 86/609 / EEC has regulated the handling of laboratory animals since 1986 . This guideline stipulates that laboratory animals must be kept in a species-appropriate manner. The guideline was transposed into national laws by the member states.

Situation in Germany

Legal animal protection in Germany from 1871 to 1930

In Germany , the Reich Criminal Code of May 15, 1871 (§ 360 No. 13) threatened with punishment as a violation anyone who "viciously tortures or mistreated animals in public or in an annoying manner." This protected people's feelings as to why one is being treated by one anthropocentric animal welfare speaks.

In the German Empire , a large number of initiatives and groups called for further strengthening of animal welfare and, in particular, a ban on vivisection . In the last years of his life, a prominent member like Richard Wagner not only called for the abolition of animal experiments , which he found deeply condemnable, but also vehemently called for a renunciation of meat consumption. In 1885, with the "Gossler Decree" in Prussia, the existing provisions on vivisection were reformulated and moderately tightened. Further petitions and initiatives on animal welfare with reference to this regulation were regularly ignored and rejected. The memorable demands of the anti-vivisectionists met with great approval from the growing number of right-wing extremist people as well as from right-wing life reformers who called for a turn away from modern “Jewish” science towards purely German folk and natural medicine . In 1930 the so-called Grimme Decree was further tightened, but this was by no means sufficient for the animal rights activists who were involved in over 700 different associations and organizations.

Animal welfare and animal welfare legislation during National Socialism

For the National Socialists , animal welfare was a welcome and popular topic - also because fur traders such as practical and academic doctors and biologists were often Jews and, with animal welfare arguments, not only questioned their professional existence, but also their cultural life beyond the prohibition of religiously determined slaughter Pressure could be set. After the takeover of power in 1933, Interior Minister Wilhelm Frick began working on a pathocentric animal welfare law with high pressure and intensive cooperation from the animal welfare associations on April 1, 1933 , which focused on the suffering of the animal and no longer on its public impact.

Section 145b of the Criminal Code, inserted by a law of May 26th, now generally punishes raw abuse and deliberate torture of animals as an offense ( RGBl. I p. 295). This penal provision was adopted in the Reich Animal Protection Act (RGBl. I p. 987) passed on November 24th .

A ban on ritual slaughter was introduced on April 21, 1933 by the law on the slaughter of animals (RGBl. I p. 203). Under supposedly civilizational auspices, it served anti-Semitic resentment and severely restricted the religious freedoms of the Jews.

On August 16, 1933, more than three months before the Reich Animal Protection Act was enacted, Hermann Göring, in his role as Prussian Prime Minister, declared the "vivisection of animals of all kinds for the entire Prussian state territory" to be prohibited. The simultaneous threat of imprisonment for animal cruelty in the context of a radio address was one of the first public mentions of the concentration camps .

The National Socialist animal protection legislation did not stand in opposition to the mass human experiments with often fatal results, just as little as the National Socialist murder of the sick or the Holocaust . The National Socialist animal protection idea implied a radical shift within the human-animal hierarchy, selected animals were granted protection as an ideological component of an “Aryan-nature-loving national community”, outside of these standing people this was denied.

Heinrich Himmler summed up this attitude in his speech in Poznan on October 4, 1943:

Whether building a tank ditch fall over 10,000 Russian females from exhaustion or not interests me only insofar as the anti-tank ditch for Germany is finished. (...) We Germans, who are the only ones in the world to have a decent attitude towards animals, will of course also adopt a decent attitude towards these human animals, but it is a crime against our own blood to worry about them ...

Legal animal protection in Germany since 1945

The GDR took over the regulations of the Reich Animal Protection Act in the 1950s. The animal protection laws from the Third Reich continued to apply as pre-constitutional law in the Federal Republic of Germany , but have been replaced by newly enacted laws to this day. On July 24, 1972, a new animal protection law was passed. In addition, animal protection is regulated by state law.

In 1990 by the TierVerbG added § 90a BGB it is expressly stated that animals are not things . However, the regulations applicable to things are to be applied accordingly to them. Helmut Heinrichs therefore describes the paragraph as a "sensitive declamation without real legal content". Othmar Jauernig particularly emphasizes the lack of content of § 90a sentence 2 BGB and points out that its banality would even be exceeded by § 903 sentence 2 BGB.

On July 26, 2002, in the plenary session of the Bundestag, the state goal of animal protection was enshrined in the Basic Law (GG). The Art. 20a GG is now:

"The state also takes responsibility for future generations and protects the natural foundations of life and animals within the framework of the constitutional order through the legislature and in accordance with the law and justice through the executive and the judiciary."

The reason for this was the judgment of the Federal Constitutional Court of January 15, 2002, according to which the Animal Welfare Act should be interpreted with regard to the constitutionally protected freedom of religion in such a way “that Muslim butchers can receive an exemption for slaughtering.” After there was no parliamentary majority in 1993 to anchor animal welfare in the Basic Law had given, this came about with effect from August 1, 2002.

According to Article 74, Paragraph 1, No. 20 of the Basic Law, animal welfare is a legal area of competing legislation .

Enforcement of animal protection law in Germany

The implementation of the Animal Welfare Act and the ordinances issued on the basis of it is the responsibility of the federal states, which usually commission the district administrative authorities (i.e. districts and urban districts) and set up veterinary offices there. The approval of animal experiments, however, is assigned to the intermediate authorities (district governments or regional councils) or the state ministries. They take decisions through simple majority decisions and are supported by independent animal experimentation commissions, two thirds of which are made up of experts (veterinarians, human medicine, biologists, etc.) and one third are representatives of animal welfare organizations. The police and the public prosecutor's office are also responsible for prosecuting violations of administrative offenses and criminal offenses under animal welfare law, and they proceed in the cases according to the Code of Criminal Procedure or the Administrative Offenses Act. Some federal states such as Baden-Württemberg, Hesse, Berlin and Saarland have appointed state animal protection officers who act as advisors and contact persons and have no official authority. According to Section 2a TierSchG, only the federal ministries are authorized to issue ordinances based on the Animal Welfare Act .

Legal animal protection in Austria

In Austria , animal welfare was a matter for the federal states in terms of legislation and enforcement until the end of 2004, and in 2005 it became a federal matter in accordance with Article 11, Paragraph 1, No. 8 of the Austrian Federal Constitution . The Federal Act on the Protection of Animals, which came into force on January 1, 2005, regulates further details . At the same time (2004) the animal husbandry regulations were introduced:

The 1st Animal Husbandry Ordinance regulates the minimum requirements for keeping horses and equine species, pigs, cattle, sheep, goats, hoofed game, llamas, rabbits, domestic fowl, ostriches and farm fish, the interventions permitted on these animals and the type and proof of expertise of carers and other competent persons who are allowed to intervene.

The 2nd Animal Husbandry Ordinance regulates the keeping of vertebrates that do not fall under the 1st Animal Husbandry Ordinance, wild animals that have special requirements for keeping and wild animal species whose keeping is prohibited for reasons of animal welfare.

There is also a law in Austria on experiments on living animals (Tierversuchsgesetz) from 1989.

The Federal Animal Welfare Act came into force on January 1, 2005. The amendment to Art. 11 B-VG, which was resolved at the same time as the enactment of this Act, shifted legislative competence to the federal government. However, the implementation of animal welfare standards remains the task of the federal states. The federal government has reserved various control rights (inspection right, reporting obligation of the federal states, etc.). Authority 1st instance are the district administrative authorities. The regional administrative court decides on complaints . The state government is the relevant higher authority; it has to coordinate the implementation, but does not itself make any substantive decisions. The federal, state and local governments have to promote animal welfare in accordance with the budgetary means. An important point of the new law is also the creation of an animal welfare ombudsperson in each federal state who has to represent the interests of animal welfare. She enjoys party status in official proceedings. In the penal code of January 1, 1975, the criminal provisions for raw abuse of animals are stipulated uniformly across the country: up to one year imprisonment or 360 daily fines. In addition, an animal experimentation law has existed since July 1, 1974 .

Current articles on animal protection law from science and practice can be found in the open access journal Tierschutz in Recht und Praxis (TiRuP) , which is published by the Universities of Linz, Salzburg and the Vienna Animal Welfare Ombudsman , and can be downloaded free of charge there.

Legal animal protection in Switzerland

The Swiss Federal Constitution of Switzerland mentions animal welfare in Section 80. In Switzerland , a national animal welfare law was passed on March 9, 1978, and the associated animal welfare ordinance on May 27, 1981. The two decrees were replaced on September 1, 2008 by the completely revised Animal Welfare Act of December 16, 2005 (TSchG) and the also completely revised Animal Welfare Ordinance of April 23, 2008 (TSchV). In 1992, a provision on creature dignity was added to the federal constitution. Art. 120 para. 2 reads: The federal government issues regulations on the handling of germs and genes of animals, plants and other organisms. In doing so, it takes account of the dignity of creatures as well as the safety of humans, animals and the environment and protects the genetic diversity of animal and plant species. The protection of animal dignity has also found its way into the new animal protection law. So it says in Art. 1 TSchG: The purpose of this law is to protect the dignity and well-being of the animal. And Art. 26 Para. 1 lit. a TSchG reads: Whoever deliberately abuses or neglects an animal, overworks it unnecessarily or disregards its dignity in any other way is punished with prison or a fine.

Legal animal welfare in the USA

Until 1966, the scientific use of animals in the United States was unregulated. On August 24, 1966, the Senate and the House of Representatives decided to protect laboratory animals. Dogs, cats, monkeys, guinea pigs, hamsters and rabbits were named.

Scientific training

In Germany there are no academic programs specifically on animal welfare law. In Switzerland, individual seminars are offered as part of law studies and a doctoral program. Masters courses are also available in Edinburgh, Barcelona and Strasbourg. In the USA, animal law is part of the standard repertoire in the curricula of many renowned universities. B. at Harvard Law School, Yale Law School or Columbia Law School. The Lewis & Clark Law School in Portland, USA offers a master’s degree in animal law.

literature

Web links

Individual evidence

  1. ^ Hanna Rheinz: Kabbalah of the animals, animal rights in Judaism . In: Interdisciplinary Working Group Animal Ethics Heidelberg (Hrsg.): Animal rights, an interdisciplinary challenge . Harald Fischer Verlag, Heidelberg 2007, ISBN 978-3-89131-417-3 , p. 234-252 .
  2. ↑ Council of the European Community (ed.): DIRECTIVE OF THE RATES 86/609 / EEC of November 24, 1986 on the approximation of the legal and administrative provisions of the member states for the protection of animals used for experiments and other scientific purposes . Brussels 24 November 1986 ( PDF ).
  3. ↑ RGBl. I 1933 p. 295 (via ALEX )
  4. ↑ RGBl. I 1933 p. 987 via ALEX
  5. ↑ RGBl. I 1933 p. 203 via ALEX
  6. ↑ Julius Ludwig Pfeiffer: The Animal Welfare Act of July 24, 1972. The history of German animal welfare law from 1950 to 1972 (legal history series, vol. 294), Peter Lang, Bern / Frankfurt am Main 2004, ISBN 3-631-52708-X .
  7. ^ Daniel Jütte: Animal Welfare and National Socialism. The emergence and effects of the National Socialist Reich Animal Protection Act of 1933 ( PDF ( Memento of December 27, 2013 in the Internet Archive )), IDB Münster, Ber. Inst. Didaktik Biologie Suppl. 2 (2002), pp. 167-184, 167.
  8. ↑ Text of the speech on http://germanhistorydocs.ghi-dc.org/sub_document.cfm?document_id=1513&language=german
  9. ↑ For example, the Health Services and Consumer Protection Act (GDVG) of July 24, 2003 (GVBl p. 452, BayRS 2120-1-U / G) or the Bavarian Animal Welfare Responsibility Ordinance (BayTierSchZustV).
  10. ↑ Palandt / Heinrichs, BGB, § 90a, Rn. 1.
  11. ↑ Jauernig, BGB, § 90a, Rn. 1.
  12. ^ Federal Constitutional Court, judgment of January 15, 2002, Az. 1 BvR 1783/99 .
  13. ↑ How environmental and animal protection came into the Basic Law Website of the German Bundestag 2013, accessed on July 15, 2016
  14. ↑ Edgar Guhde : Animal protection in local politics. Political Working Group for Animal Rights in Europe (PAKT) eV, accessed on May 31, 2015 .
  15. ↑ Lorz / Metzger, TierSchG, § 15 Rn. 1 ff.
  16. ↑ Lorz / Metzger, TierSchG, § 15 Rn. 9 ff.
  17. ↑ Lorz / Metzger, TierSchG, before Section 17 marginal no. 21st
  18. ↑ State animal protection officer:
    • Baden-Württemberg: Dr. Cornelie Jäger [1] (since April 2012),
    • Hessen: Dr. Madeleine Martin [2] (since November 1992),
    • Berlin: Prof. Horst Spielmann [3] (since December 2012),
    • Saarland: Dr. Hans-Friedrich Willimzik [4]
  19. ↑ Lorz / Metzger, TierSchG, § 2a Rn. 6th
  20. ↑ Federal Act on the Protection of Animals
  21. ↑ 1st Animal Husbandry Ordinance [5]
  22. ↑ 2nd Animal Husbandry Ordinance [6]
  23. ↑ Federal Law Gazette I No. 118/2004.
  24. ↑ TiRuP - Animal Welfare in Law and Practice. Johannes Kepler University Linz / Tierschutzombudsstelle Vienna / Paris Lodron University Salzburg, accessed on June 23, 2020 .
  25. ^ Laboratory Animal Welfare Act. Public Law 89-544, enacted August 24, 1966
  26. ↑ Animal rights seminars at the University of Zurich ( Memento from August 24, 2015 in the Internet Archive )
  27. ^ Law and Animals in Basel. (No longer available online.) Faculty of Law, University of Basel, May 26, 2014, archived from the original on May 31, 2015 ; accessed on May 31, 2015 .
  28. ^ Animal Welfare in Edinburgh. University of Edinburgh, accessed May 31, 2015 .
  29. ^ Teresa Giménez-Candela: Animal Law & Society in Barcelona. (No longer available online.) Universitat Autònoma de Barcelona, ​​July 29, 2011, archived from the original on May 30, 2015 ; accessed on May 31, 2015 .
  30. ^ Science, droit et éthique in Strasbourg. Université de Strasbourg, accessed on May 31, 2015 .
  31. ↑ Animal Law at Harvard. Harvard Law School, accessed May 31, 2015 .
  32. ^ Animal Law at Yale. Yale Law School, accessed May 31, 2015 .
  33. ^ Animal Law in Columbia. Columbia Law School, accessed May 31, 2015 .
  34. ^ Animal Law Studies in Portland. Lewis & Clark Law School, accessed May 31, 2015 .