Journal articles on the topic 'Animal welfare – Law and legislation – Australia'

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1

Bradshaw, R. H. "The Ethical Review Process in the UK and Australia: The Australian Experience of Improved Dialogue and Communication." Animal Welfare 11, no. 2 (May 2002): 141–56. http://dx.doi.org/10.1017/s0962728600028116.

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AbstractA study was carried out in Australia and the UK of the legislation and procedures relating to the welfare and use of animals in scientific research. In Australia, a National Code of Practice for the Care and Treatment of Laboratory Animals has been adopted and it is a legal obligation for all Institutions to adhere to the Code. Each institution has an Animal Ethics Committee (AEC) responsible for ethical review and animal welfare which must include, within certain stipulated parameters, a veterinarian, a research scientist, a member of a rights/welfare organisation and an additional lay member. In the UK the situation is different, as the Home Office directly administers the law regarding the use of animals in research. In April 1999 the Ethical Review Process (ERP) was introduced; every Institution must establish an ERP which must include a named veterinarian and representatives from the Animal Care and Welfare Officers and others. In both countries great emphasis is placed on the principles of replacement, reduction and refinement in experimental research. Substantial differences in culture and ethical review structure between the two countries are identified. However, various recommendations are outlined, based on the Australian experience, to build on existing structures and further develop the UK ERP. These recommendations should be seen as long-term aims and seek to further improve animal welfare through facilitating communication, increasing accountability and creating an environment conducive to open discussion.
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Gibson, Miah. "The Universal Declaration of Animal Welfare." Deakin Law Review 16, no. 2 (December 1, 2011): 539. http://dx.doi.org/10.21153/dlr2011vol16no2art112.

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Animal law is gaining momentum in Australia and internationally. Initiatives such as the Universal Declaration on Animal Welfare (UDAW) attempt to secure international legal recognition for the principles of animal welfare. The extent to which they do so, however, is a matter of debate, and the subject of this article. Part II of this article outlines the development of the UDAW and current support for it. Part III compares the UDAW to other animal rights/welfare declarations. Part IV describes the animal welfare legislative and policy framework in Australia, and critically examines the impact that the UDAW would have in Australia.
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3

Morton, Rochelle, Michelle L. Hebart, and Alexandra L. Whittaker. "Explaining the Gap Between the Ambitious Goals and Practical Reality of Animal Welfare Law Enforcement: A Review of the Enforcement Gap in Australia." Animals 10, no. 3 (March 13, 2020): 482. http://dx.doi.org/10.3390/ani10030482.

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Previous research has identified a number of issues arising at all stages of the animal law enforcement process. These issues contribute to an enforcement gap between the written law, as it relates to the penalties laid out in statutes, and the reality of the animal law justice system. This paper identifies and investigates the contributors to this gap. The identified factors discussed are (1) the role of the public in reporting animal cruelty, (2) the ambiguity of the language used in animal welfare legislation, (3) the nature of enforcement authorities, and (4) the role of the courts. Thus, the causes of the enforcement gap are multifactorial, derived from all stages of the enforcement process. Further research on the enforcement model and public education, in addition to debate on legislative reforms, will be needed to address this gap.
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4

Bertouille, S. "Wildlife law and policy." Animal Biodiversity and Conservation 35, no. 2 (December 2012): 159–61. http://dx.doi.org/10.32800/abc.2012.35.0159.

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One of the crucial issues of our decades is how to stop the loss of biodiversity. Policy–makers need reliable data to base their decisions on. Managing wildlife populations requires, first of all, science–based knowledge of their abundance, dynamics, ecology, behaviour and dispersal capacities based on reliable qualitative data. The importance of dialogue and communication with the local actors should be stressed (Sennerby Forsse, 2010) as bag statistics and other monitoring data in wildlife management could be more precise if local actors, notably hunters, were better informed and aware of their importance, especially in supporting existing and emerging policies at national and international levels. Another essential issue in wildlife management is the conflicts generated by humans and their activities when they interact with wildlife (Heredia & Bass, 2011). A sociologic approach is required to take into account those human groups whose interests are divergent, facilitating communication and collaborative learning among these users of the same ecosytem. Obstacles should be addressed and solutions devised to protect and encourage a sustainable use of this ecosystem in, as much as possible, a win–win relationship. Policy objectives and mana-gement strategies should be discussed and debated among the stakeholders involved, then formulated. Policies can be translated into different types of instruments, economic and legislative, but also informative and educa-tive. As awareness of the actors is a key factor of successful regulation, the regulations should be sufficiently explained and stakeholders should be involved in the implementation of these regulations as much as possible. Finally, the effectiveness of the regulations should be evaluated in light of their objectives, and where necessary, the regulations should be strengthened or adapted to improve their performance (Van Gossum et al., 2010).The various aspects of the processes described above were highlighted in the plenary talk and the five oral communications presented during the session on wildlife law and policy. In his plenary talk, Dr Borja Heredia, Head of the Scientific Unit of the Secretariat of the CMS/UNEP in Bonn, pointed out different sources of human–wildlife conflicts, such as the logging activities in subtropical forests that induce overexploitation and poaching for bushmeat consumption; the problem of predators on livestock and the poisoning of lions in the Masaï Reserve; animals invading the human territory; and game species as a vector of diseases in humans and livestock (Heredia & Bass, 2011). Heredia stressed the importance for wildlife managers to deal with the human dimension; he stressed the importance of successful conflict management based on principles such as a non–adversial framework, an analytical approach, a problem–solving orientation, the direct participation of the conflicting parties, dialogue as a basis for mutual understanding and facilitation by a trained third party. Heredia explained how the Convention on Migratory Species of Wild Animals (UNEP/CMS) contributes to confict resolution and in this way increases the chance of survival of these species. The CMS (see CMS website) works for the con-servation of a wide array of endangered migratory animals worldwide through the negotiation and implementation of agreements and action plans. Migratory species threatened with extinction are listed in Appendix I of the Con-vention. CMS parties strive towards strictly protecting these animals, conserving or restoring the places where they live, mitigating obstacles to migration and controlling other factors that might endanger them. Besides establishing obligations for each State joining the CMS, CMS promotes concerted action among the Range States of many of these species. Migratory species that need, or would significantly benefit from, international co–operation are listed in Appendix II of the Convention. For this reason, the Convention encourages the Range states to reach global or regional agreements. The Convention acts, in this res-pect as a framework convention. The Agreements may range from legally binding treaties (called agreements, there are seven) to less formal instruments, such as Memoranda of Understanding, or actions plans (there are 20), and they can be adapted to the requirements of particular regions. The development of models tailored according to the conservation needs throughout the migratory range is a unique capacity to CMS. Heredia detailed inter alia the Agreement on the Conservation of Albatrosses and Petrels, the Great Apes Survival Part-nership, the Agreement on the Conservation of Gorillas and their Habitats, the MoU on the Saïga Antelope, and the Programme for the Conservation and sustainable use of the wild saker falcon (Falco cherrug) in Mongolia.The talk of Sarah Wilks, research fellow at the School of Law, University of Western Sydney, illus-trated the importance of adequate transparency and public consultation in environmental and conservation law and decision making. Wilks (2012) examined the Australian legislation concerning animal welfare and the export of Australian wildlife products and, as a case study, explored the Tasmanian State Government’s recent decision to promote the com-mercial harvest and export of brushtail possums She pointed out that although the Enviromment Protection and Biodiversity Conservation 1999 (EPBC) process intended to be open and co–operative, it is not, in prac-tice, co–operative, public and transparent. The export of possum products requires Australian Government approval under the Department of Primary Industries, Parks, Water and Environment (EPBC). Wilks (2012) assessed the Tasmanian Wildlife Trade Management Plan for Common Brushtail Possums developed by the EPBC, the public submissions to the Austra-lian Government, and the Australian Government’s response against the provisions of the EPBC. As a result, she deplored that welfare outcomes, like that of back or pouch juveniles whose mother had been trapped or killed have not been adequately considered either at Tasmanian State or at Australian Govenment level. She concluded by deploring that submissions on ethical grounds could not yet be considered by the Australian Government because the decision to harvest or not to harvest is made at State level, and yet the Tasmanian State legislation is deficient in mandating public consultation.Data on hunting and game resources provide quan-titative and qualitative information on game species, but moreover, game monitoring has shown to be efficient in identifying threats to biodiversity, such as biodiversity problems in agriculture and forest ecosystems, and also to be an early warning in assessing threats from invasive alien species (Sennerby Forsse, 2010). They are an essential tool for game managers, scientists and policy–makers, and hunters and hunter organisations are key resources in the collection of this information.The ARTEMIS data bank was initiated by the Federation of Asssociations of Hunting and Conservation of the Euro-pean Union FACE (see ARTEMIS website) to improve information about game in support of existing and emer-ging European policies. The objective of ARTEMIS is to centralise and analyse, in a coordinated and coherent Animal Biodiversity and Conservation 35.2 (2012)161extending the ban to all waterfowl hunting and not only that undertaken in protected wetlands.The presentation of K. E. Skordas, from the Hunting Federation of Macedonia and Thrace, Research Divi-sion, Greece, illustrated the contribution of the Hellenic Hunters Confederation (HHC) to law enforcement for wildlife protection. It showed how stakeholders, hun-ters, set up heir own Game Warden Service in 1999, through their Hunting Associations, in order to assume responsibility for the control of illegal hunting and wil-dlife protection, in collaboration with the local Forest Service. These game wardens carry out repressive and preventive controls and prosecutions. Besides this initiative, information campaigns are organised by the HHC to improve hunters’ awareness (see website of the Hellenic Hunters Confederation, HHC). Skordas & Papaspyropoulos (2011) analysed the relation between law enforcement, hunter awareness and infringement categories, classed in degree of influencing wildlife protection. They observed a strong reduction in the number of infringements; particularly, they found that hunting out of season and hunting without a license decreased from 23.4% to 7.31% and from 30.12% to 11.8%, respectively.All the talks presented in this session stressed the importance of dialogue in wildlife management as a basis for mutual understanding. Communication and involvement of the local actors/stakeholders are key factors at different stages of wildlife management: when collecting reliable data on which policy–makers may draw up their decisions, when debating policy objectives and strategies, and when implementing regulations and administrative acts
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5

Morton, Rochelle, and Alexandra L. Whittaker. "Understanding Subordinate Animal Welfare Legislation in Australia: Assembling the Regulations and Codes of Practice." Animals 12, no. 18 (September 15, 2022): 2437. http://dx.doi.org/10.3390/ani12182437.

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The state-based approach to regulating animal welfare in Australia is thought to create national dis-uniformity in that each state and territory legislates and operates inconsistently. The animal welfare legal framework in each of the eight Australian jurisdictions is made up of a primary statute and subordinate legislation, where subordinate animal welfare legislation, in the forms of regulations and codes of practices, are lower-ranking laws that are given power under the jurisdiction’s specific animal welfare statute. Since a review of animal welfare statutes identified broad patterns between the jurisdictions, this study is intended to be complementary by collating the subordinate legislation to provide a more comprehensive understanding of animal welfare laws in Australia. Using targeted search strategies stemming from the eight enabling animal welfare statutes, this study identified 201 pieces of subordinate legislation in force between 28 March 2022 and 5 April 2022. The scope of subordinate legislation is depicted through the following utility categories of animals: companion, production, wild/exotic, entertainment. Whilst subordinate legislation differed between the jurisdictions, it was common for similar welfare concerns or topic areas to be protected in higher-order legislation (statutes or regulations). Additionally, many jurisdictions were found to have similar shortcomings, all which likely could be managed through a mechanism of national data collection.
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6

Rodriguez Ferrere, M. B. "Animal Welfare Underenforcement as a Rule of Law Problem." Animals 12, no. 11 (May 30, 2022): 1411. http://dx.doi.org/10.3390/ani12111411.

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Many have decried the state’s underenforcement of animal welfare legislation because of the direct negative effects on animal interests. This article will advance the argument that such underenforcement has a much deeper societal effect because it undermines the rule of law. It does so by first, reviewing rule of law literature to advance the proposition that the state has a general obligation to enforce the law and, specifically, animal welfare legislation. It then looks to the practical issues that arise with the argument, specifically prosecutorial discretion and private prosecutions. Finally, it concludes that the state’s underenforcement of animal welfare legislation does indeed run contrary to the rule of law, and thus regardless of whether we have the interests of animals at the front of our minds, it is a matter that should concern us all.
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7

Silva, Raquel Baracat Tosi Rodrigues da, Irenilza de Alencar Nääs, and Daniella Jorge de Moura. "Broiler and swine production: animal welfare legislation scenario." Scientia Agricola 66, no. 6 (December 2009): 713–20. http://dx.doi.org/10.1590/s0103-90162009000600001.

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Brazil is the world largest meat exporter and one of the most recent demands of the import market is directed towards animal welfare. Codes, norms and legislations used in Brazil are out of date, and in most cases those adopted for both poultry and swine production are based on international standards to meet trade requirements. This research aimed to study and describe an overall scenario of the standards, norms and legislations for animal welfare items applied to broiler and swine production: rearing, handling and transportation. The critical points of these items were identified in accordance to standards and current literature on animal welfare issues, effective on January 2008. The comparison was based on given scores varying from 1-5 (very bad to very good) as function of the existence of standard norms and legislations for each country and/or economic block, and for each type of demand, as well as the level of adoption by producers. When compared to counterparts Brazil detained the lowest score for all types of demands, and its mean score of norms is lower (p < 0.05). For both poultry and swine production the European Union provides detailed information to producers, followed by Australia and United States. Exception is made to standards in moving or transporting swine within the farm. Brazilian legislation for poultry production presents a general insufficiency of 58%, while in swine production the highest deficit is in transportation. There is a need to invest in updating animal welfare standards, norms and legislation in the country for maintaining its international competitiveness.
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8

von Gall, Philipp, and Mickey Gjerris. "Role of Joy in Farm Animal Welfare Legislation." Society & Animals 25, no. 2 (May 18, 2017): 163–79. http://dx.doi.org/10.1163/15685306-12341444.

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While animal welfare is commonly invoked in legal debates regarding non-human animals kept for food purposes, the concept of animal joy is rarely mentioned in such contexts. This paper analyzes the relationship between welfare and joy in the German animal protection law (gapl) and in the eu directive 98/58/ec. Based on a review of scientific and philosophical approaches towards animal welfare, joy is argued to be a part of welfare. Nevertheless, joy is ignored in the German and eu legal provisions. While there may be economic disadvantages of legally protecting animal joy, it is argued that overlooking elements of joy cannot be justified from any ethical perspective that claims to take animal welfare into consideration. In order to clarify the aims of the legal provisions, decision-makers need to define the role joy ought to play in welfare legislation.
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9

Petkun, H. V., and V. V. Nedosekov. "Analysis of EU and Ukrainian legislation for the cattle welfare." Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 24, no. 106 (July 16, 2022): 108–13. http://dx.doi.org/10.32718/nvlvet10617.

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“Animal welfare” – is a complex concept that characterizes the physical, mental, and natural state of animals at a given time and the ability to meet their needs. Animal welfare is a hallmark of the world of quality human nutrition and innovative livestock and is the basis for the sustainable development of society. The article aims to research and analyze the legislation on cattle welfare in the EU and Ukraine, highlight their strengths and weaknesses, and introduce proposals for better implementation of Ukrainian legislation in European norms. European legislation covers the welfare of animals during their life on the farm, the welfare during transport, and the welfare of animals during slaughter. This article analyzes in detail the following legal provisions: Directive 98/58/EC on the protection of animals kept for farming purposes, Council Directive 2008/119/EU establishing minimum standards for the protection of calves, Council Regulation 1/2005 covering standards for the transport of animals, Council Regulation № 1099/2009 on the protection of animals at the time of slaughter and ancillary recommendations such as the Council of Europe Recommendation on bovine animals and the OIE Standards for the Welfare of Dairy Cows. Currently, Ukrainian welfare legislation is represented by the Law on the Protection of Animals from Cruelty (2006) and the Law of Ukraine on Veterinary Medicine (1994). These laws do not cover the protection of animal welfare and do not meet modern requirements. In 2014, by signing an agreement with the EU on creating a deep and comprehensive free trade area, Ukraine committed to updating legislation in the animal welfare field and implementing it as much as possible to European standards. Only in 2021, a new law on veterinary medicine was adopted, which has a section on animal welfare and approved five requirements for animal welfare, but the main problem is that they came into force on 01.01.2026. Given that by 2023 the EU plans to improve its legislation in the field of animal welfare, there is a need to accelerate the implementation of the new Law on veterinary medicine in Ukraine. Also necessary are training for farmers to teach and explain new rules, develop a specific regulation with minimum standards for the welfare of cattle and cattle, review shortcomings, and organize discussions with scientists in the field of animal welfare to improve legislation, create a clear roadmap the Law.
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Manning, Jaime, Deborah Power, and Amy Cosby. "Legal Complexities of Animal Welfare in Australia: Do On-Animal Sensors Offer a Future Option?" Animals 11, no. 1 (January 6, 2021): 91. http://dx.doi.org/10.3390/ani11010091.

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The five freedoms and, more recently, the five domains of animal welfare provide internationally recognised frameworks to evaluate animal welfare practices which recognise both the physical and mental wellbeing needs of animals, providing a balanced view of their ability to cope in their environment. Whilst there are many techniques to measure animal welfare, the challenge lies with how best to align these with future changes in definitions and expectations, advances in science, legislative requirements, and technology improvements. Furthermore, enforcement of current animal welfare legislation in relation to livestock in Australia and the reliance on self-audits for accreditation schemes, challenges our ability to objectively measure animal welfare. On-animal sensors have enormous potential to address animal welfare concerns and assist with legislative compliance, through continuous measurement and monitoring of an animal’s behavioural state and location being reflective of their wellbeing. As reliable animal welfare measures evolve and the cost of on-animal sensors reduce, technology adoption will increase as the benefits across the supply chain are realised. Future adoption of on-animal sensors by producers will primarily depend on a value proposition for their business being clear; algorithm development to ensure measures are valid and reliable; increases in producer knowledge, willingness, and trust in data governance; and improvements in data transmission and connectivity.
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Stonebridge, Morgan, Di Evans, and Jane Kotzmann. "Sentience Matters: Analysing the Regulation of Calf-Roping in Australian Rodeos." Animals 12, no. 9 (April 20, 2022): 1071. http://dx.doi.org/10.3390/ani12091071.

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Animal sentience is recognised either implicitly or explicitly in legislation in all Australian states and territories. In these jurisdictions, animal welfare legislation prohibits acts of cruelty towards animals because animals have the capacity to experience pain or suffering. This acknowledgement is supported by scientific research that demonstrates animal sentience, as well as public opinion. Despite these legal prohibitions, calf-roping, a common event at rodeos, is permitted in the majority of Australian jurisdictions. In recent times, calf-roping has generated significant public concern due to the potential for injury, pain or distress for the calves involved. This concern is evidently shared in some overseas jurisdictions, such as New Zealand, where animal advocacy organisations have filed a legal challenge asserting that rodeo events violate New Zealand’s animal welfare legislation due to the pain and distress inflicted on the animals. This commentary discusses these welfare concerns, the legislative inconsistencies between Australian jurisdictions and the problematic legal status of calf-roping in Australia.
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Otomo, Yoriko. "Law and the Question of the (Nonhuman) Animal." Society & Animals 19, no. 4 (2011): 383–91. http://dx.doi.org/10.1163/156853011x590033.

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AbstractThe turn of the millennium has witnessed an extraordinary paradox—one identified by Jacques Derrida as a simultaneous increase in violence against nonhuman animals and compassion toward them. This article turns to critical legal theory as well as to recent work by continental philosophers on the human/animal distinction in order to make sense of the ways the paradox manifests in law, arguing that so-called animal welfare laws that appear to be politically progressive are, in fact, iterations of the very violence they purport to redress. What legislation designates as “animal” has neither language nor a recognized image, which not only renders this singular object of law voiceless but also denies that object access to any experience of death, and thus, to life. Through a deconstruction of recently enacted Japanese “animal welfare” legislation, this article proposes that the inability of the legislator to think the animal as having a relation to death belies a deeper struggle at the heart of law itself, to constitute its subjects through language.
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13

Brooman, S., and D. Legge. "Animal Welfare vs Free Trade - Free Trade Wins: An Examination of the Animal Welfare Implications of R v Ministry of Agriculture, Fisheries and Food exp Compassion in World Farming (1998)." Animal Welfare 9, no. 1 (February 2000): 81–85. http://dx.doi.org/10.1017/s0962728600022272.

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AbstractThe European Union (EU) has often been regarded as a prime mover in the cause of improved animal welfare. There is a great deal of European legislation to support this contention. This article discusses a recent case brought by the UK Government under Article 177 of the Treaty of Rome 1957 which challenges the assumption that EU law always favours animal welfare. We suggest that free trade is the driving force behind EU legislation and that where this conflicts with animal welfare, free trade is usually preferred.
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14

R. Fulton, Graham, and Hugh A. Ford. "The conflict between animal welfare and conservation." Pacific Conservation Biology 7, no. 3 (2001): 152. http://dx.doi.org/10.1071/pc010152.

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IT is a measure of a civilized society that its inhabitants are concerned about the welfare of animals. Furthermore, there has been increasing concern about conservation, especially of threatened species. In many countries, including Australia, there is now extensive legislation to cover both animal welfare and the protection of many native species. Whereas welfare deals with individuals, conservation is concerned with populations. Thus, researchers must always weigh potential gains in knowledge against the consequences of their activities (see Gaunt and Oring 1997). Ironically, management for conservation often involves the killing of individuals of one species, typically predators or competitors, for the good of the population of another species. In Australia many of the animals that are killed are feral (e.g., foxes and rabbits). As some feral species also have major impacts on agriculture, the need to control their numbers is generally accepted and attracts little attention. However, there is mounting evidence that a number of native species may pose threats to declining or endangered native species. For instance, Pied Currawongs Strepera graculina are known to be nest predators and Noisy Miners Manorina rnelanocephala are known to drive most other small birds from the vicinity of their colonies. Many woodlarid birds are experiencing long-term decline and it has been hypothesized that Pied Currawongs and Noisy Miners contribute to this decline (Ford et al. 2001). We set out to test experimentally the hypothesis that Pied Currawongs are major nest predators.
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15

Driessen, Bart. "Fundamental Animal Rights in European Law." European Public Law 23, Issue 3 (August 1, 2017): 547–85. http://dx.doi.org/10.54648/euro2017032.

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Law is fundamentally anthropocentric. However, the philosophical and scientific assumptions underpinning this assume that animals lack any capacity for moral choices, identity or even sentience. In Europe there is a considerable body of animal welfare law, but the current standards of animal welfare legislation do not bridge the gap between those assumptions and scientific reality. This article explores the philosophical concepts underlying the status of animals in law in Europe and the United States and compares them to current biological science. The conclusion is drawn that there is a discrepancy between the assumptions underlying legal systems and recent biological findings. The article suggests that a modern legal approach to the relationship between man and sentient animals should depart from the idea that animals have certain fundamental rights. It then proposes an approach to fundamental rights for animals in Europe and argues why such an approach has to be treaty based.
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Edge, M. K., P. H. Hemsworth, and J. L. Barnett. "Verifying legislative and customer requirements utilising animal welfare quality assurance." Australian Journal of Experimental Agriculture 48, no. 7 (2008): 1022. http://dx.doi.org/10.1071/ea08025.

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The development of animal welfare in quality assurance (QA) programs and audits for several of the livestock industries is briefly described, with emphasis on the ability of these programs to provide a framework to manage and demonstrate compliance with the various legislative and commercial animal welfare requirements in Australia. There is a clear role for these programs to provide the framework for compliance with legislative standards in a similar manner to the commercial standards set by customers of the livestock industries. However, options for implementing legislation in this manner in Australia are still under consideration. QA programs need to be acceptable to the community, be able to meet all customers’ requirements and demonstrate to government authorities that animal welfare standards have been met. QA programs that include animal welfare will be better accepted when their ability to deliver comprehensive benefits and continual improvements in animal welfare have been formally evaluated. Additionally, the impact of animal welfare QA programs will only be fully realised by better demonstrating their ability to deliver verification of legislative and commercial standards, benefits to industry in terms of efficiency and production and consequent acceptability by customers and the broad community. To date, such QA programs have only begun to meet all these needs.
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Hampton, Jordan O., Anja Skroblin, Tom R. De Ridder, and Andrew L. Perry. "Chemical immobilisation and rangeland species: assessment of a helicopter darting method for Australian cattle." Rangeland Journal 38, no. 6 (2016): 533. http://dx.doi.org/10.1071/rj16079.

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Chemical immobilisation (darting) is increasingly being used for the capture of rangeland animals. The aim of the present study was to assess a newly developed helicopter-based chemical immobilisation method for free-ranging Australian rangeland cattle (Bos taurus and Bos indicus). Eighteen cattle were darted from a helicopter in north-western Australia in September 2015 using a combination of xylazine and ketamine, partially reversed with yohimbine. Following a recently published framework for assessing helicopter darting methods, we quantified several animal welfare measures designed to quantify the severity and duration of stress imposed by the procedures. The duration of the procedures was generally short (median total duration 41 min), but for 33% of animals total duration exceeded 60 min. Although the sample size was small, mortality rate on the day of capture was 17% (three animals) and 28% (five animals) required physical restraint to achieve recumbency. We describe this newly developed method and discuss its relatively poor animal welfare outcomes compared with other validated helicopter darting methods. Legislation restricts veterinary chemicals that may be used for food-producing species in many countries, including Australia. Chemical immobilisation regimens other than the one chosen in the present study may produce superior animal welfare outcomes but would not be compliant with legislation in Australia. As a result of these restrictions, we suggest that development of an improved helicopter darting method for Australian cattle may prove difficult. Rangeland managers should carefully consider animal welfare impacts before undertaking chemical immobilisation programs, especially for food-producing species.
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Riley, Sophie. "Brighton v Will: The Legal Chasm between Animal Welfare and Animal Suffering." Animals 10, no. 9 (August 24, 2020): 1497. http://dx.doi.org/10.3390/ani10091497.

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Through the mechanism of statutory interpretation, courts can narrow or widen the legal concept of animal cruelty. This was starkly brought to light in the case of Brighton v Will, where the Supreme Court of New South Wales held that stabbing a dog six times with a pitchfork and then killing him with a mallet, did not amount to serious animal cruelty. This finding was the result of the Court’s applying a textual interpretation to the NSW Crimes Act, concluding that the appellant was simply exterminating a pest. Yet, animal law in NSW comprises more than legislation, extending to a raft of plans and strategies which provide background and context for regulation. This article argues that a contextual interpretation would have been more appropriate, leading to enquiries whether the dog was rightfully classified as a pest, as well as whether the law should have considered the manner in which the dog was killed. An equally relevant issue stems from the relationship between animal suffering and animal welfare, a connection which hinges on the ambit of anti-cruelty legislation. The latter permits a range of exceptions and defences that permit justification of cruelty, magnifying the chasm between animal suffering and animal welfare. This chasm is also not diminished by legal interpretations of cruelty that focus on whether killing is justified, while ignoring the method of killing.
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Hitchens, Peta L., Rachael H. Booth, Kirsten Stevens, Annabelle Murphy, Bidda Jones, and Lauren M. Hemsworth. "The Welfare of Animals in Australian Filmed Media." Animals 11, no. 7 (July 2, 2021): 1986. http://dx.doi.org/10.3390/ani11071986.

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Animals play a significant role in the production of film and television in Australia and globally. Given this, regulating and monitoring their welfare on- and off-set is imperative. We therefore aim to compare Australia’s state and territory-based legislation and regulation to those in the United States and the United Kingdom and assess regulations against the Five Domains Model of animal welfare. Historical examples of animal incidents in Australian film are used to illustrate potential deficiencies. We reviewed archived media for animal welfare incidents on and off production sets. We demonstrate a lack of uniformity, with 37.5% (3/8) of states and territories providing targeted Codes of Practice for animals in filmed media, and partially addressing behavioural interactions or mental state within the Five Domains Model. Three themes of welfare concerns were identified including incidents on-set, incidents off-set, and effects of portrayal on perception or ownership of specific species. This highlights the need for standardised national legislation and improved monitoring and regulation. Further research should quantify the number of animals used in productions, describe the type and duration of the work the animals undertake, investigate the frequency of animal welfare incidents, and explore alternative methods to the use of live animals in film and television.
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Zębek, Elżbieta. "Humane Legal Protection of Homeless Animals." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 265–76. http://dx.doi.org/10.17951/sil.2021.30.3.265-276.

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Animal rights at the international level have been defined in the Universal Declaration on Animal Welfare, which has become a guiding principle for many EU countries in shaping animal protection legislation. The subject of this article is the humane protection of homeless animals, which is the responsibility of the municipality in terms of maintaining cleanliness and order. The study assumes that by carrying out tasks regarding the protection of animals from homelessness, municipalities contribute to the effective protection of animals by providing them with appropriate care. The analysis found that the provisions of the Universal Declaration on Animal Welfare have been fully incorporated into Polish legislation. However, the effectiveness of the provisions on the protection of homeless animals executed by municipalities is not entirely satisfactory as evidenced by the post-inspection data and selected jurisprudence. In order to improve this state of affairs, the following de lege ferenda postulates were formulated, which in part are also guidelines of the Supreme Audit Office extending the catalog of activities in municipal homeless animal protection programs, introducing the requirement to inspect animal shelters by municipalities, changing the location requirements of animal shelters and also clarifying sanitary requirements concerning the conditions in which animals live in to improve their welfare. The above changes in legislation may contribute to more efficient humane protection of homeless animals in Poland and may serve as an example for other EU countries.
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Sabuncuoglu, N., and O. Coban. "Attitudes of Turkish veterinarians towards animal welfare." Animal Welfare 17, no. 1 (February 2008): 27–33. http://dx.doi.org/10.1017/s096272860003195x.

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AbstractA survey was carried out to examine the attitudes of Turkish veterinarians towards animal welfare issues. The email questionnaire consisted of three sections of statements with a five-point Likert scale for choices of answer. The first section included statements examining the attitudes of Turkish veterinarians to animal welfare issues relating to European Union (EU) Legislation (93/119/EC, 95/29/EC, 2002/4EC and Council Regulation 1/2005). In the second, statements were designed to ascertain veterinarian attitudes towards the recently-passed Animal Protection Law, TR-5199. The statements in the last section were designed to assess the respondents' personal beliefs on a variety of welfare topics. The survey was sent to 615 veterinarians and the response rate was 40.2%. Turkish veterinarians expressed considerable support for the implications of animal welfare with the exception of statements regarding ‘stunning of ruminants pre-slaughter’, ‘phasing out of battery cages for poultry’ and ‘not operating on animals for aesthetic purposes’. In addition, they did not agree with the statements related to ‘ethological needs of farm animals’ and ‘effectiveness of EU laws and legislation in Turkey’. Females had higher mean values than males. The results of the survey indicated that significant concern for animal welfare issues is seen in the Turkish veterinarian population. Although the process of becoming a fully-integrated member of the EU will not occur rapidly, the influence of veterinarians could potentially enhance animal welfare in Turkey.
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Magnani, D., N. Ferri, A. Dalmau, and S. Messori. "Knowledge and opinions of veterinary students in Italy toward animal welfare science and law." Veterinary Record 180, no. 9 (February 7, 2017): 225. http://dx.doi.org/10.1136/vr.103938.

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Animal welfare (AW) is a growing concern worldwide and veterinary students are expected to demonstrate a high degree of professional interest in the welfare of animals. However, previous studies have highlighted gaps in the teaching of AW teaching in different countries, possibly impairing veterinary competency in the area. This survey aimed to assess the opinions of Italian veterinary students towards AW, as well as their knowledge on the issue. Questions were divided into different sections, investigating the definition of, and information on, AW, knowledge about AW legislation, and the level of tolerance towards AW in regard to the use of animals for different purposes. Results showed that behaviour was the most frequently used word to define AW. Italian students considered their own level of knowledge on AW as good, relying on their university training, websites and television. They requested more AW legislation, but when questioned on specifics of the current legislation, there was a general lack of knowledge. Although poultry, pigs and rabbits were considered the species experiencing the worst management conditions, the species that raised the most AW concerns were companion animals and cattle. Results from this investigation may allow the development of tailored actions aimed at appropriately implementing educational strategies, at national and international levels, to improve the role of future veterinarians as leaders in AW.
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Varoni, Maria V., Pier A. Serra, and Eraldo Sanna Passino. "Student insights towards animal welfare science and law. Survey results from Sassari University, Italy." Science Progress 106, no. 1 (January 2023): 003685042211500. http://dx.doi.org/10.1177/00368504221150071.

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In this paper, we describe the results of an online survey consisting of 23 questions created to evaluate the knowledge and interest on animal welfare by students attending 15 different scientific, medical, and biomedical courses at University of Sassari, Italy. The survey collected students’ demographic data, level of knowledge both on animal welfare and 3Rs, as well as their opinions on animal experimentation. The majority of the cohort was female and over 24 years of age. About a third of the students responded that their graduate programme included subjects that taught science, ethics, and animal welfare legislation. Just 21.2% of respondents had heard about the concept of 3Rs. About a quarter of the students believed that animal models can be replaced by in vitro and in silico methods while half believed that both are needed. However, 70% of the participants did not know the existence of an Ethics and Animal Welfare Committee. The result showed the importance of an Animal Welfare Course for the professional future of a larger number of students and underlined the key role of veterinary medicine in promoting ethics and animal experimentation.
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Loyer, Jessica, Alexandra L. Whittaker, Emily A. Buddle, and Rachel A. Ankeny. "A Review of Legal Regulation of Religious Slaughter in Australia: Failure to Regulate or a Regulatory Fail?" Animals 10, no. 9 (August 30, 2020): 1530. http://dx.doi.org/10.3390/ani10091530.

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While religious slaughter is not a new practice in Australia, it has recently attracted public concern regarding questions of animal welfare following unfavourable media coverage. However, the details of religious slaughter practices, including related animal welfare provisions, appear to be poorly understood by the Australian public, and no existing literature concisely synthesises current regulations, practices, and issues. This paper addresses this gap by examining the processes associated with various types of religious slaughter and associated animal welfare issues, by reviewing the relevant legislation and examining public views, while highlighting areas for further research, particularly in Australia. The paper finds shortcomings in relation to transparency and understanding of current practices and regulation and suggests a need for more clear and consistent legislative provisions, as well as increased independence from industry in the setting of the standards, enforcement and administration of religious slaughter. A starting point for legal reform would be the relocation of important provisions pertaining to religious slaughter from delegated codes to the responsible act or regulation, ensuring proper parliamentary oversight. In addition, more active public engagement must occur, particularly with regard to what constitutes legal practices and animal welfare standards in the Australian context to overcome ongoing conflict between those who oppose religious slaughter and the Muslim and Jewish communities.
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Humby, Lauren, and Elaine Barclay. "Pawsitive Solutions: An Overview of Prison Dog Programs in Australia." Prison Journal 98, no. 5 (August 21, 2018): 580–603. http://dx.doi.org/10.1177/0032885518793951.

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A survey of animal welfare agencies and corrections departments across Australia was conducted to compile a nationwide profile of prison dog programs, wherein inmates train dogs while learning skills to assist their rehabilitation. Most programs operating in 23 prisons in six Australian states were a community service design administered by animal welfare organizations. Inmates benefit through opportunities to train the dogs, give back to society, gain a sense of responsibility, improve self-confidence and social skills, and acquire vocational qualifications to improve job opportunities postrelease. Barriers identified included insufficient funding, limited training opportunities for the dogs, and some staff resistance.
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Parker, Christine, Gyorgy Scrinis, Rachel Carey, and Laura Boehm. "A public appetite for poultry welfare regulation reform: Why higher welfare labelling is not enough." Alternative Law Journal 43, no. 4 (November 6, 2018): 238–43. http://dx.doi.org/10.1177/1037969x18800398.

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This article argues that the growth of free-range labelled egg and chicken shows that the public wish to buy foods produced via higher welfare standards. It summarises the main reasons for dissatisfaction with the current regulation of animal welfare standards in Australia and shows that labelling for consumer choice is not enough to address public concerns. It critically evaluates the degree to which recently proposed new animal welfare standards and guidelines for poultry would address these problems and concludes that the new standards are not sufficient and that more responsive, effective and independent government regulation of animal welfare is required.
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Wootten, Meg. "Rethinking legal regulation of animal hoarding." Alternative Law Journal 42, no. 2 (June 2017): 137–42. http://dx.doi.org/10.1177/1037969x17710629.

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Animal hoarding is a poorly understood phenomenon with potentially disastrous consequences for both the people and animals involved, but there has been little critique of the current legal regulation in Australia. The author examines the current regulation of animal hoarding in Australia, argues it is deficient because it does not address the psychological disorder underpinning the hoarding behaviour, and suggests a new model for regulating and addressing animal hoarding, including changes to animal welfare statutes and a multidisciplinary regulatory ‘court’ with a long-term focus.
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Glasgow, David. "The Law of the Jungle: Advocating for Animals in Australia." Deakin Law Review 13, no. 1 (January 1, 2008): 181. http://dx.doi.org/10.21153/dlr2008vol13no1art156.

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<p>A movement of activist ‘animal lawyers’ has recently arrived in Australia. This article contends that Australian lawyers have a significant role to play in advancing the animal protection cause. Part I discusses the philosophical foundation of the modern animal protection movement and describes the<br />important theoretical divide that splits it into animal ‘welfare’ and animal ‘rights’. Part II explains the Australian legal regime governing animal protection to show how the law acts as a site of exploitation. Part III explores the role of lawyers within the movement. It does this by appraising<br />the obstacles in the way of animal protectionism and exploring what makes an effective lawyer advocate. It then uses a case study of battery hens to demonstrate the valuable role lawyers can play to support the animal cause.</p>
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Ofner, E., E. Schmid, E. Schröck, J. Troxler, and A. Hausleitner. "Self-evaluation of animal welfare by the farmer: a report of application on Austrian cattle farms." Animal Welfare 16, no. 2 (May 2007): 245–48. http://dx.doi.org/10.1017/s0962728600031444.

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AbstractIt is not sufficient to merely publish regulations and strictly control them to improve the living conditions of farm animals. The farmer must receive precise information, understand the individual measures and be able to act with personal responsibility. A new animal welfare law has been in force in Austria since the 1st of January 2005. A system of self-evaluation is being developed for putting these new legal requirements into practice. The aim of this self-evaluation system is to enable every farmer to personally check his animal housing system against the given standards. This independent work motivates the farmer and makes him aware of animal welfare issues. This new strategy for the implementation of animal welfare law was originally developed, tested and found to be successful by the Federal Administration of the Austrian Province of Vorarlberg. Self-evaluation is to be carried out by means of specific checklists and manuals. Checklists and manuals are currently being drawn up for cattle, pigs, poultry, sheep and goats. The checklists and manuals will include all of the requirements of Austrian animal welfare legislation and will be formulated in easily understandable questions with ‘yes’ or ‘no’ answers. The manuals will describe the methods for assessing legal requirements on the farm as well as the conditions for compliance with legislation, and give advice on how to improve the state of animal welfare on the farm. This paper gives an example of the self-evaluation system for cattle farming.
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Capodieci, Giuseppe Luca, and Zeev Noga. "Providing Food Information to Consumers – Proposed Legislation under the Screening of the European Parliament." European Journal of Risk Regulation 1, no. 2 (June 2010): 162–65. http://dx.doi.org/10.1017/s1867299x00000283.

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This section aims at updating readers on the latest developments of risk-related aspects of food law at EU level, giving information on legislation and case law on various matters, such as food safety, new diseases, animal health and welfare and food labelling.
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Alemanno, Alberto. "The Fabulous Destiny of Bisphenol A (BPA)." European Journal of Risk Regulation 1, no. 4 (December 2010): 397–400. http://dx.doi.org/10.1017/s1867299x00000830.

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This section aims at updating readers on the latest developments of risk-related aspects of food law at EU level, giving information on legislation and case law on various matters, such as food safety, new diseases, animal health and welfare and food labelling.
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32

Kobetska, Nadiia, and Lesia Danyliuk. "Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 29–45. http://dx.doi.org/10.17951/sil.2021.30.3.29-45.

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European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.
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Salas, Blanca, and Bruno G. Simões. "Provisional Findings by EFSA on the Safety of Caffeine and the Possible Implications on Caffeine Health Claims and Energy Drinks." European Journal of Risk Regulation 6, no. 3 (September 2015): 431–34. http://dx.doi.org/10.1017/s1867299x0000489x.

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This section aims at updating readers on the latest developments of risk-related aspects of food law at the EU level, giving information on legislation and case law on various matters, such as food safety, new diseases, animal health and welfare and food labelling.
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34

Sumner, Christine L., Jessica K. Walker, and Arnja R. Dale. "The Implications of Policies on the Welfare of Free-Roaming Cats in New Zealand." Animals 12, no. 3 (January 19, 2022): 237. http://dx.doi.org/10.3390/ani12030237.

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A lack of national legislation for cat management in New Zealand poses challenges for ensuring that practices are consistently humane and effective. In this paper, we review the current cat management policies in New Zealand and the implications they have on the welfare of free-roaming cats (from here on, referred to as ‘cats’). Our review demonstrates that there are multiple policy mechanisms used to manage cats in New Zealand for a variety of reasons, including animal welfare, pest management, and nuisance, and that these different policies have both positive and negative implications for cat welfare. We provide context pertaining to New Zealanders’ acceptance of current or future laws and regulations and compare the New Zealand policy landscape with other countries, with a particular emphasis on Australia, to identify potential directions and outcomes of increased regulation. We discuss the future of the regulatory environment in New Zealand, including the need to better understand the impact of policies on cats, people, and other animals in urban, rural, and wild spaces. We further discuss the need to better understand the cat–human relationship for future policy decisions and offer a solution based on national cat legislation.
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Morton, Rochelle, Michelle Hebart, and Alexandra Whittaker. "Increasing Maximum Penalties for Animal Welfare Offences in South Australia—Has It Caused Penal Change?" Animals 8, no. 12 (December 8, 2018): 236. http://dx.doi.org/10.3390/ani8120236.

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Animal welfare legislation in South Australia underwent amendments in 2008, where all the maximum penalties for animal welfare offences were doubled. This commitment to increased penalties arguably provides evidence of the legislature’s intent with respect to penalties. Studies have speculated that the legislative intent behind the increased penalties is not being reflected in the courts. This interdisciplinary research sought to gain evidence to confirm or disprove these speculations, by quantifying the average custodial sentence and monetary fine handed down in court before and after the 2008 amendments. Furthermore, trends relating to the species of animal affected and the demographics of the offender were identified. A total of 314 RSPCA (SA) closed case files from 2006 to 2018 were converted into an electronic form. Since the amendments, the average penalties have doubled in magnitude; fines have increased from $700 to $1535, while prison sentences have increased from 37 days to 77 days. Cases of companion animal abuse were most common (75% of all cases) and the location of the offence was found to influence offending. These findings suggest that the 2008 amendments have caused the average penalties to increase. However, it is debatable whether these increases are enough to effectively punish animal abusers.
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Morton, Rochelle, Michelle Hebart, Rachel Ankeny, and Alexandra Whittaker. "Portraying Animal Cruelty: A Thematic Analysis of Australian News Media Reports on Penalties for Animal Cruelty." Animals 12, no. 21 (October 25, 2022): 2918. http://dx.doi.org/10.3390/ani12212918.

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Media portrayals of animal cruelty can shape public understanding and perception of animal welfare law. Given that animal welfare law in Australia is guided partially by ‘community expectations’, the media might indirectly be influencing recent reform efforts to amend maximum penalties in Australia, through guiding and shaping public opinion. This paper reports on Australian news articles which refer to penalties for animal cruelty published between 1 June 2019 and 1 December 2019. Using the electronic database Newsbank, a total of 71 news articles were included for thematic analysis. Three contrasting themes were identified: (1) laws are not good enough; (2) laws are improving; and (3) reforms are unnecessary. We propose a penalty reform cycle to represent the relationship between themes one and two, and ‘community expectations’. The cycle is as follows: media reports on recent amendments imply that ‘laws are improving’ (theme two). Due to a range of inherent factors in the criminal justice system, harsher sentences are not handed down by the courts, resulting in media report of ‘lenient sentencing’ (theme one). Hence, the public become displeased with the penal system, forming the ‘community expectations’, which then fuel future reform efforts. Thus, the cycle continues.
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Arnull, Elaine, and Stacey Stewart. "Developing a Theoretical Framework to Discuss Mothers Experiencing Domestic Violence and Being Subject to Interventions: A Cross-National Perspective." International Journal for Crime, Justice and Social Democracy 10, no. 2 (June 1, 2021): 113–26. http://dx.doi.org/10.5204/ijcjsd.1561.

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The discourse about domestic violence has developed in patriarchal societies, and so we position our understanding of ‘mother’ within a patriarchal framework. We explore the ways in which ‘mothering’ and ‘mother blame’ have been constructed within that framework and how this becomes relevant in the context of domestic violence and child welfare social work. We review literature from Australia, Canada, England and Wales, and the United States of America that has focused on child welfare responses to mothers experiencing domestic violence and abuse. On the basis of that review, we argue that mothers are responsibilised for violence and abuse they do not perpetrate. We show that the way legislation operates in some jurisdictions facilitates hegemonic, patriarchal constructions. We call for a review of current child welfare social work policy and practice in which domestic violence is present.
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Forsberg, Ellen-Marie. "Inspiring Respect for Animals Through the Law? Current Development in the Norwegian Animal Welfare Legislation." Journal of Agricultural and Environmental Ethics 24, no. 4 (June 25, 2010): 351–66. http://dx.doi.org/10.1007/s10806-010-9263-5.

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Smits, Marcel, Han Joosten, Bernard Faye, and Pamela A. Burger. "The Flourishing Camel Milk Market and Concerns about Animal Welfare and Legislation." Animals 13, no. 1 (December 22, 2022): 47. http://dx.doi.org/10.3390/ani13010047.

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The worldwide dromedary milk production has increased sharply since the beginning of this century due to prolonged shelf life, improved food-safety and perceived health benefits. Scientific confirmation of health claims will expand the market of dromedary milk further. As a result, more and more dromedaries will be bred for one purpose only: the highest possible milk production. However, intensive dromedary farming systems have consequences for animal welfare and may lead to genetic changes. Tighter regulations will be implemented to restrict commercialization of raw milk. Protocols controlling welfare of dromedaries and gene databases of milk-dromedaries will prevent negative consequences of intensive farming. In countries where dromedaries have only recently been introduced as production animal, legislators have limited expertise on this species. This is exemplified by an assessment on behalf of the Dutch government, recommending prohibiting keeping this species from 2024 onwards because the dromedary was deemed to be insufficiently domesticated. Implementation of this recommendation in Dutch law would have devastating effects on existing dromedary farms and could also pave the way for adopting similar measures in other European countries. In this paper it is shown that the Dutch assessment lacks scientific rigor. Awareness of breeders and legislators for the increasing knowledge about dromedaries and their products would strengthen the position of dromedaries as one of the most adapted and sustainable animals.
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Wickens, S. "Review of the evidence of sentience in cephalopod molluscs and decapod crustaceans." Animal Welfare 31, no. 1 (February 2022): 155–56. http://dx.doi.org/10.1017/s0962728600009866.

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All cephalopod molluscs and decapod crustaceans should be regarded as sentient and protected under UK animal welfare law. This is the headline conclusion of this thoughtful report, that is going to have a profound impact on the way these animals are treated within the UK — and likely inform policy elsewhere. In response, the UK government has indicated that they accept this position and will look to/have extended forthcoming animal welfare legislation to include lobsters, octopus and crabs and all other decapod crustaceans and cephalopod molluscs.
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41

McCulloch, Steven P. "Brexit and Animal Welfare Impact Assessment: Analysis of the Opportunities Brexit Presents for Animal Protection in the UK, EU, and Internationally." Animals 9, no. 11 (October 28, 2019): 877. http://dx.doi.org/10.3390/ani9110877.

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The British people voted in a 2016 referendum to leave the European Union (EU). Brexit presents threats and opportunities to animal protection in the United Kingdom (UK), the EU, and internationally. This paper discusses opportunities for animal protection in terms of five criteria. These are first, political context; second, regulatory changes; third, economic and trade factors; fourth, institutional- and capacity-related factors; and fifth, EU and international considerations. Brexit permits reform of UK agricultural policy outside of the Common Agricultural Policy (CAP) to reward high welfare as a public good. The Agriculture Bill, however, does not suggest a radical reform agenda for animal welfare. Brexit permits a ban on live exports, but the UK Government is consulting on improving welfare, not prohibition. Brexit provides an opportunity to ban the import and sale of fur, but the UK Government has signalled it will work to improve welfare in fur farming. Brexit permits the UK to prohibit the import and sale of foie gras, but the Government has stated a ban may be challenged at the World Trade Organisation (WTO). Brexit allows more stringent Pet Travel Scheme (PETS) requirements to reduce puppy smuggling. Lucy’s Law and stricter enforcement will also mitigate the problem. New sentience legislation provides the opportunity for a fully independent and properly constituted UK Animal Welfare Advisory body conducting animal welfare impact assessments and ethical appraisal. The Government has proposed sentience legislation but there is a major risk it will not be in place before the UK leaves the EU. The Government has expanded the remit of the Farm Animal Welfare Committee, which is not fully independent and is dominated by veterinary members and agricultural interests. Brexit provides some opportunities for animal protection with radical reform of agricultural policy, prohibition of live exports, and banning the import and sale of fur and foie gras. Pre-Brexit, the Government has not demonstrated the political will and commitment to realise these opportunities.
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Al-Shammari, Karrar Imad Abdulsahib. "A Review of the Halal Poultry Slaughtering from Welfare and Legal Perspectives: Analysis of Research Results." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 11–27. http://dx.doi.org/10.17951/sil.2021.30.3.11-27.

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The subject of halal slaughtering is one of the most widely discussed issues of animal cruelty and animal welfare in the public sphere. The discrepancy in understanding the contemporary and religious laws pertaining to animal slaughtering does not fully publicize to Islamic and Muslim majority countries especially with respect to interpreting the use of stunning in animals. The electrical stunning is the cheapest, easiest, safest, and most suitable method for slaughtering that is widespread and developed. However, stunning on head of poultry before being slaughtered is a controversial aspect among the Islamic sects due to regulations of the European Union and some other countries. The current review highlights the instructions of halal slaughtering, legal legislation, and the effect of this global practice on poultry welfare and the quality of produced meat.
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43

Guazzaloca, Giulia. "‘In the name of justice and compassion’: animal protection in Italy during the Liberal Age (1861-1914)." Modern Italy 22, no. 3 (August 2017): 261–74. http://dx.doi.org/10.1017/mit.2017.36.

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This essay reconstructs the emergence of a growing sensitivity towards animal welfare in Italy during the so-called ‘liberal’ years. An examination of the origins and activities of animal protection societies, the debate on use of animals for scientific experimentation, and the earliest provisions for animal protection, reveals a growing concern for animal welfare in Italy too during the course of the twentieth century. This was channelled by the liberal-bourgeois values of the time: public decency, moderation, and goodwill towards animals as well as humans were all seen as signs of ‘civilisation’ and ‘progress’. It was claimed that foreign influence, particularly British, was of vital importance in such developments in Italy, including both the thoughts of the anti-vivisectionists and the work and propaganda of the societies for animal protection. This essay also examines the 1913 Law, which was the first important Italian legislation governing animal welfare and protection.
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Dufala, Martin, and Lenka Grešová. "Do Animals Have Any Rights in Slovakia?" Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 47–65. http://dx.doi.org/10.17951/sil.2021.30.3.47-65.

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This article focuses on assessing whether the current Slovak legal framework provides animals with a sufficient level of protection against cruelty and maltreatment. Past and current Slovak legislation on animal protection was analyzed in light of the major animal welfare challenges that Slovakia faces today. Contrary to what the title of the study suggests, a different approach was chosen to strengthen the protection of animals – not through the concept of animal rights, but the concept of human rights to a favourable environment. In addition, the possibility of using the already existing environmental law legal instruments when the well-being of animal is threatened was discussed.
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Hultgren, Jan, Matthew Hiron, Anders Glimskär, Eddie A. M. Bokkers, and Linda J. Keeling. "Environmental Quality and Compliance with Animal Welfare Legislation at Swedish Cattle and Sheep Farms." Sustainability 14, no. 3 (January 18, 2022): 1095. http://dx.doi.org/10.3390/su14031095.

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Conflicts between different goals can obstruct progress in sustainability, but interests may also coincide. We evaluated relationships between environmental quality and animal welfare on Swedish farms with grazing livestock, using publicly available databases. Data were collected from 8700 official animal welfare inspections on 5808 cattle farms and 2823 inspections on 2280 sheep farms in 2012–2017. Compliance with three animal-based checkpoints was modeled using logistic regression, including a random farm effect to account for repeated inspections. Compliance was regressed on semi-natural grassland area, participation in the National Meadow and Pasture Inventory, Agri-Environmental Scheme (AES) grassland payments, presence of indicator plant species, and the presence of Natura 2000 habitats. Cattle farms complied more often if they received AES payments for grasslands of special values compared with if they did not apply for them (OR = 1.55–1.65; p ≤ 0.0001) and there was a similar tendency for cattle farms that applied for but were denied such payments (OR = 1.29; p = 0.074). There was also a strong tendency for Natura 2000 habitats on cattle farms to be associated with higher compliance (OR = 1.36; p = 0.059). These results suggest a direct or indirect causal effect of biodiversity on cattle welfare. The same associations could not be shown in sheep.
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Dunn, Rachel. "Brexit: A Boon or a Curse for Animals Used in Scientific Procedures?" Animals 11, no. 6 (May 25, 2021): 1547. http://dx.doi.org/10.3390/ani11061547.

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The UK has long been hailed as one of the world leaders in animal welfare. Within the UK, animals used in experiments are provided some protection under the Animals (Scientific Procedures) Act 1986 (ASPA). This Act was impacted by European Union (EU) Directive 2010/63/EU, and subsequently the ASPA was updated to reflect any changes required. While the Directive is very similar to the protection the UK already afforded to animals used in experiments, there were some advances that the Directive provided that were not present in the ASPA. On paper, the changes introduced were promising but may not have been achieved in practice. In 2016, the British public voted to leave the EU, which presented concerns over animal welfare protection and legislation provided by EU law. With the completion of Brexit, there may be an opportunity to diverge from the Directive to advance protection for animals used in experiments. This article explores the influence that the EU has had on animal experimentation in the UK, the potential implications of Brexit on the welfare of animals used in experiments and suggests ways in which this protection can be progressed, with potentially more freedom to amend or introduce legislation to do so.
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Holoyda, Brian James. "Bestiality Law in the United States: Evolving Legislation with Scientific Limitations." Animals 12, no. 12 (June 12, 2022): 1525. http://dx.doi.org/10.3390/ani12121525.

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Societies have proscribed bestiality, or sex between humans and nonhuman animals, since the earliest recorded legal codes. In the early American colonies, religious prohibitions against bestiality provided the grounds for punishing those who engaged in such acts. In the 1800′s, Henry Bergh imported the animal welfare approach to the United States, which modernized the legislative treatment of animals in the country. Until recently, however, many laws in the U.S. have been outdated and vague and have utilized moralistic terminology. Since the 1960′s, a growing body of literature has developed suggesting that individuals who harm animals may also interpersonally offend. This concept, known as the Link, has served as a major motivation for advocates to promote new legislation criminalizing bestiality, to modernize old state statutes, and to expand penalties for individuals convicted of having sex with animals. Unfortunately, data supporting the Link between bestiality and interpersonal violence are limited and of questionable generalizability to the broad public. The Link’s weaknesses can assist in guiding further research. This article summarizes the history of bestiality law, the current state of bestiality legislation in the United States, the body of Link-related literature on bestiality and interpersonal violence and other problematic sexual behaviors, and the empirical weaknesses and needs revealed by this legislation.
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48

Pretorius, D. M. "‘Miserable, laborious, and short’: The lives of animals." South African Law Journal 139, no. 4 (2022): 791–836. http://dx.doi.org/10.47348/salj/v139/i4a4.

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Animal welfare legislation in South Africa is deficient, especially in relation to farm animals reared for ingestion by human beings. That being so, this article analyses aspects of public international law, administrative law, constitutional law and interpretation of statutes that may contribute towards affording more legal protection to such animals. An overview of recent case law highlights that the Constitutional Court has mandated a shift away from the traditional laissez-faire legal attitude to human use of animals towards one that requires enhanced protection of their interests. To that end, extensive legislative reform is necessary to rectify the deficiencies of the present system.
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49

Feddersen, Christoph. "Recent EC Environmental Legislation and its Compatibility with WTO Rules: Free Trade or Animal Welfare Trade?" European Energy and Environmental Law Review 7, Issue 7 (July 1, 1998): 207–15. http://dx.doi.org/10.54648/eelr1998034.

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The "free trade" or "fair trade" debate has various aspects. One facet is the possible contradiction between national environmental law and rules governing international trade. Different levels of national environmental protection - as recently exemplified in the well-known "Tuna I Dolphin" controversy - can lead to serious legal problems. This article analyzes a recent EC Regulation regarding the ban on cruel leghold traps and its compatibility with WTO rules, searching for the answer to the question "free trade or animal welfare trade?"
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50

Micińska, Magdalena. "ANIMAL TRAPS - EU AND NATIONAL REGULATIONS WITH SPECIFIC EMPHASIS ON THE AGREEMENT ON INTERNATIONAL NORMS OF HUMANE ANIMAL CAPTURE." Studia z zakresu nauk prawnoustrojowych. Miscellanea VIII, z. 2 (December 7, 2018): 123–37. http://dx.doi.org/10.5604/01.3001.0013.0365.

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Animal traps have always accompanied man, with whom the primary people organized the first hunts. Along with the development of hunting art, traps gradually gave way to specialized hunting weapons. However, the use of animal traps on a large scale still occurs in countries that are world exporters of fur and skins of wild animals - Canada, Russia and the USA. Driven by expressed in art. 13 TFEU with the principle of animal welfare, the European Union has introduced a number of regulations to ensure humane catches in member countries as well as in third countries exporting skin and fur. The purpose of this article is to analyze the current legal situation in Poland with regard to the implementation of EU legislation on humane trap standards, with particular regard to the obligations contained in the agreement concluded between the European Community, Canada and the Russian Federation on 22 July 1997 - on international humane trapping standards . Keywords - EU, Poland, Russia, Canada, USA, animal welfare, humane animal protection, snare, poaching, animal species protection, hunting, animal traps, hunting, trapping, hunting law.
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