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!