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Journal articles on the topic "Animal welfare Law and legislation Europe"
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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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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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Maestri, Enrico. "The 3Rs Principle in Animal Experimentation: A Legal Review of the State of the Art in Europe and the Case in Italy." BioTech 10, no. 2 (May 20, 2021): 9. http://dx.doi.org/10.3390/biotech10020009.
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The aim of this paper is to describe the essential points of Italian and European legislation governing the use of animals in biomedical experimentation. A close look will be taken at the principles of the 3Rs, which represent the mainstay of the legal architecture based on which a correct interpretation may be drawn of the legislative documents on animal experimentation. Furthermore, this paper will address the ways in which Directive 2010/63/EU is implemented in Italian legislation on the welfare of laboratory animals. In addition to an assessment of legal issues (such as the scope of jurisdiction of supervisory authorities tasked with issuing authorizations), it will include a discussion of cases of inadequate and insufficient implementation of the requirements laid down by Directive 2010/63/EU. Both the consistency of the interpretation of national legislation with the Directive and the direct effectiveness of the Directive in national law, in which animal testing has been and still is the subject of heated debate between supporters and opponents, will be examined.
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Carter, H. E. "Farm animal welfare legislation in europe." Proceedings of the British Society of Animal Production (1972) 1990 (March 1990): 8. http://dx.doi.org/10.1017/s030822960001792x.
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There is mounting concern for the welfare of farm animals in all the countries of the European Community and the members states of the Council of Europe. The rapid increase in intensive management systems of poultry, pigs, cattle and fur-bearing animals has been the subject of heated debate in every European country. The publication of Ruth Harrison's book, Animal Machines, a quarter of a century ago, can now be seen as the starting point for the increasing demands for legislation to control what are seen to be new and unnecessarily restrictive ways of keeping farm animals. In the United Kingdom, as long ago as 1965, the Brambell Committee made recommendations that were largely ignored. Animal welfare societies increasingly called for legislation to control the situation. Society generally, on the other hand, welcomed the provision of cheap eggs, cheap poultry meat and relatively cheap dairy products.
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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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Jackson, W. T. "On-farm animal welfare law in Europe — Using the law." Applied Animal Behaviour Science 20, no. 1-2 (July 1988): 165–73. http://dx.doi.org/10.1016/0168-1591(88)90137-2.
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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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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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Radford, Mike. "Animal Welfare in Europe: European Legislation and Concerns Edited by David B Wilkins (1997). Kluwer Law International: London and The Hague. 423pp. Hardback. Obtainable from the publishers, P O Box 858889, 2508 CN, The Hague, The Netherlands or, Sterling House, 66 Wilton Road, London SW1V IDE, UK (ISBN 9041106634). Price £98 or NLG250 or US$155." Animal Welfare 7, no. 2 (May 1998): 236–37. http://dx.doi.org/10.1017/s0962728600020650.
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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.
Dissertations / Theses on the topic "Animal welfare Law and legislation Europe"
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Aho, Ida. "Cats’ nine lives : European Union legislation on the trade of endangered animals and its effects on animal welfare." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-450345.
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The issues raised in this thesis concern the adverse effects of EU's wildlife trade regulations, mainly the unequal treatment of captive and wild-born endangered animals. The nature of these regulations is analyzed from an animal law perspective. The purpose of the analysis is to determine whether the regulations are anthropocentric and, if so, what issues arise from it. Previous research has studied the legal personhood of animals in relation to animal welfare. This thesis continues that discussion by examining legal animal rights as a potential solution to the issues of wildlife trade. The analysis is pragmatic and employs a non-formalistic view of law. Consequentially, it uses a doctrinal and legal philosophical approach, meaning that sources outside of law are integral to the discussion. The results of the analysis show that EU’s wildlife trade regulations are anthropocentric and that this has led to severe issues regarding the welfare of endangered animals. In addition, the practical enforcement of the regulations has proven defective. Legal rights for animals seem to provide a viable solution to these issues, yet their practical implementation is complicated. The reasons for this are primarily financial and opinion-based. Therefore, a step-by-step approach, starting with limited fundamental rights and resulting in full legal personhood for animals, is recommended for this approach to be successful.
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Aguiar, Louise Maria Rocha de. "Animais de tração: a responsabilidade civil do estado pela sua omissão frente aos maus-tratos praticados contra essas espécies." reponame:Repositório Institucional da UCS, 2018. https://repositorio.ucs.br/handle/11338/3748.
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A Constituição Federal de 1988 foi de fundamental importância para consagrar ao Poder Público a incubência de evitar que animais sejam submetidos aos maus-tratos ou atos decrueldade, devendo sempre agir para evitar e proibir essa exposição do animal.Trata-se de uma determinação incubida ao Estado, de forma que o mesmo não deve ser omisso, ou seja, deixar de cumprir essa regra constitucional. Todavia, a realidade mostra-se contrária ao preceito legal, principalmente quando se vislumbra a situação vivida pelos animais (equídeos) utilizados nos veículos de tração nas cidades brasileiras. São animais que vivem sendo maltratados e expostos a atos cruéis por parte de seus proprietários, como por exemplo o uso incondicional do chicote, que causa sérias feridas no animal, assim como a falta de cuidados básicos, como a oferta de água e alimentos necessários para manter a nutrição do animal, e, em nenhum momento, há uma atuação do Poder Público para proibir essa situação. Poucas são as cidades brasileiras que buscaram proibir o uso dessa atividade ou regrar de forma a garantir o bem-estar do animal, atendendo assim ao que determina a Constituição vigente, já que a grande maioria dos municípios não buscam nenhuma melhora para essa causa animal. Instala-se a dúvida se não seria a mudança do status jurídico do animal, para a condição de sujeito de direitos, a possível solução no fim da exploração dos animais. Na presente pesquisa será abordado a evolução histórica do pensamento humano sobre o animal, e em especial o animal de tração, os tipos de maus-tratos que essa espécie enfrenta no dia a dia, o tipo de responsabilidade civil que assume o Estado que age de forma omissa com essa situação e a importância do Poder Judiciário, Ministério Público e das Organizações Não-Governamentais na luta contra a exploração do animal de tração além da discussão da possibilidade de mudança da condição jurídica dos animais. Para o trabalho foi utilizado o método hermenêutico e a pesquisa bibliogáfica.Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, CAPES
The Federal Constitution of 1988 was of fundamental importance to consecrate to the Public Power the incubation of preventing animals from being subjected to ill-treatment or acts of cruelty, and must always act to avoid and prohibit such exposure of the animal. This is a incubated determination to the State, so that it should not be omitted, that is, fail to comply with this constitutional rule. However, the reality is contrary to the legal precept, especially when we see the situation experienced by the animals (equidae) used in traction vehicles in Brazilian cities. They are animals that live being mistreated and exposed to cruel acts by their owners, such as the unconditional use of the whip, which causes serious injuries to the animal, as well as the lack of basic care, such as the supply of water and food necessary for maintain the animal's nutrition, and, at no time, there is an action of the Public Power to prohibit this situation. There are few Brazilian cities that have sought to prohibit the use of this activity or to regulate in a way that guarantees the welfare of the animal, thus fulfilling the requirements of the current Constitution, since the great majority of municipalities do not seek any improvement for this animal cause. The question arises whether it would not be the change of the legal status of the animal, for the condition of subject of rights, the possible solution at the end of the exploitation of the animals. In the present research the historical evolution of human thought about the animal, and especially the animal of traction, the types of mistreatment that this species faces in the day to day, the type of civil responsibility that assumes the state that acts of and the importance of the Judiciary, Public Ministry and Non- Governmental Organizations in the fight against the exploitation of traction animals, as well as discussing the possibility of changing the legal status of animals. For the work the hermeneutical method and the bibliographic search were used.
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Hartwig, Wendy. "Legal status and protection of animals in South Africa." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/515.
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The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.
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Ramiro, Daniel Pereira. "Vivissecção = uma disputa em sua regulamentação : das ruas ao parlamento." [s.n.], 2011. http://repositorio.unicamp.br/jspui/handle/REPOSIP/279336.
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Orientador: Ronaldo Romulo Machado de AlmeidaDissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
Made available in DSpace on 2018-08-18T11:19:48Z (GMT). No. of bitstreams: 1 Ramiro_DanielPereira_M.pdf: 717945 bytes, checksum: 643d85ffbfc1affda0148033567c4c2e (MD5) Previous issue date: 2011
Resumo: A presente dissertação busca rastrear o contradiscurso acerca da experimentação animal no sentido de elucidá-lo enquanto um movimento social. Toma como foco o trâmite da Lei Arouca, de recente aprovação no Congresso Nacional para regulamentar a vivissecção em todo território nacional. A partir desta lei o olhar se volta aos atores sociais envolvidos e às forças políticas conflitantes para esta questão de controvérsia científica. Paralelamente, outras manifestações práticas do contradiscurso serão seguidas a fim de enriquecer o material de análise para colocar em evidência os argumentos que concorrem para a construção simbólica do estatuto do animal de laboratório. Porém, não será perdido de vista o caráter mais amplo no qual o movimento antivivisseccionista está inserido, a saber, a luta contra a exploração dos animais não-humanos
Abstract: This dissertation intends to follow the counter-discourse on animal experimentation in order to elucidate it as a social movement. It is focused on the processing of Arouca Law, recently passed the Congress to regulate vivisection nationwide. From this law, the focus is on the social actors involved and the political conflicting forces for this matter of scientific controversy. In parallel, other practical manifestations of counter-discourse will be followed in order to enrich the material for analysis to highlight the arguments that contribute to the symbolic status of laboratory animals. However, the broader nature in which the antivivisection movement is inserted, namely the fight against the exploitation of nonhuman animals, will not be lost
Mestrado
Antropologia Social
Mestre em Antropologia Social
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Caneparo, Camila Juliana Francisco. "Políticas públicas de proteção animal: o programa RDPA do município de Curitiba e sua efetividade perante o direito ambiental." Universidade Tecnológica Federal do Paraná, 2014. http://repositorio.utfpr.edu.br/jspui/handle/1/1003.
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O presente trabalho inicia-se com a pesquisa bibliográfica que permitiu a apresentação das disposições normativas acerca da proteção jurídica do meio ambiente, nela incluída os animais domésticos. O conjunto normativo pátrio e estrangeiro evoluiu quanto ao amparo ambiental, vislumbrando-se nova postura do Poder Público em decorrência dos atuais paradigmas da sociedade, que vem cada vez mais se preocupando com a preservação dos recursos ambientais e dos demais elementos ecológicos. Percebe-se que atualmente a garantia dos direitos dos animais não se restringe apenas aos silvestres e exóticos, mas resta consagrada a dos domésticos (como cães e gatos), principalmente pelas disposições constitucionais. No que diz respeito ao tema políticas públicas, é conceituado como o plano de ações governamentais para concretizar os direitos coletivos da sociedade, tendo sido discorrido especificamente acerca das políticas voltadas ao bem-estar dos animais domésticos, com a descrição de exemplos de ações implementadas em diversos locais. Por conseguinte, apresenta-se o programa Rede de Defesa e Proteção Animal do Município de Curitiba (RDPA), referenciando-se seu histórico, objetivos, ações e resultados por meio da pesquisa qualitativa. Diante desses dados, constata-se a efetividade do programa estudado à luz das disposições legais e principiológicas a ele aplicáveis, pois vem executando ações de cunho educacional como a propagação da Guarda Responsável e do Projeto Veterinário Mirim. Ainda, disponibiliza castração para famílias de baixa renda, consideradas vulneráveis pela FAS e em situação de risco para a COHAB, bem como para protetores independentes, medida que se mostra efetiva para diminuir a natalidade e não ocasiona sofrimento aos animais. Os maus-tratos têm sido combatidos principalmente por ações de fiscalização nos estabelecimentos que comercializam os animais, em que se averigua se há o atendimento à legislação. Por fim, o Município tem divulgado o evento Feira Amigo Bicho e cedido espaço no Parque Barigui para ONG’s e protetores levarem animais para serem doados. Foram apresentadas propostas para o aperfeiçoamento do programa ora estudado, como a averiguação de implantar a isenção fiscal para estimular comportamentos ecologicamente corretos e o custeio de ações do programa. Outra sugestão indicada, por exemplo, foi a análise da viabilidade de instaurar chamamento público por parte do ente municipal responsável pela RDPA para obtenção de patrocínio, em que as patrocinadoras divulgam suas logomarcas e em contrapartida custeiam castrações, vacinações e microchipagens.This dissertation begins with a bibliographic research that allowed the presentation of the legislative provisions concerning the legal protection of the environment, included domestic animals. The national and foreign laws evolved as environmental protection, with a new position of the Government due the current paradigms of the society, which increasingly is concerned with the preservation of environmental resources and other environmental elements. Currently it is noticed that the rights of animals are not only restricted to wild and exotic, but also to the domestics (dogs and cats), mainly by constitutional provisions. In relation to public policy subject, it is conceptualized as the governmental action plan to achieve the collective rights of society, having been specifically discoursed on policies focused at domestic animals welfare, with some examples of actions in several locations. Therefore, it is presented the DNAP Program of Curitiba (RDPA), referencing its history, objectives, actions and results through qualitative research. Given these data, it is noted the effectiveness of the studied program under the law and set of principles applicable to it, because it is implementing educational actions as the Responsible Guard and Veterinary Project Mirim (Young Officers). It also offers castration for families considered vulnerable by FAS and in situation of risk to COHAB and low income families, as well for independent protectors, effective measure to reduce the birth rate and does not cause suffering to animals. The maltreatments are being tackled mainly by enforcement actions in the establishments that sell animals, where it is examined if there is compliance with the law. Finally, Curitiba has divulged the event Feira Amigo Bicho (Animal Friend Fair) and ceded space in the Barigüi Park for NGOs and protectors take animals to be donated. Proposals for improving the program were presented, as the possibility of implementation of tax exemption to encourage environmentally friendly behaviors and the costing of program actions. Another suggestion indicated, for example, was the feasibility analysis of establish a public invitation by the municipal entity responsible for DNAP to obtain sponsorship, where the sponsors disclose their logos, but paying for castrations, vaccinations and microchips implants.
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Penfold, Elizabeth Lily. "To confine or not to confine? : an analysis of the messaging of the proposition 2 campaigns." Scholarly Commons, 2012. https://scholarlycommons.pacific.edu/uop_etds/818.
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This thesis employed a Historical-Critical method using rhetoric and framing theory to examine the 2008 Proposition 2: Prevention of Farm Animal Cruelty Act campaigns. The Californians for Humane Farms (HSUS) and Californians for SAFE Food (CSF) were the respective proponent and opponent coalitions analyzed in this thesis. The analysis examined sixteen campaign artifacts that were examples of how the proposition was communicated to California's voting populous. In Conjunction with the appeals and frames, the message strategies were analyzed as to how they allowed the HSUS and CSF to effectively communicate with voters. By using rhetoric and framing 4 theory this analysis was able to distinguish which rhetorical appeals effectively supported the campaigns. The analysis showed that the HSUS was successful with their campaign because of well-executed rhetorical appeals that created a concise message about animal confinement and animal cruelty issues.
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Eadie, Edward Norman. "Legal protection of animals against suffering inflicted by humans : national, regional, and international." Thesis, 2008. http://hdl.handle.net/1885/151728.
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Bruce, Alexander Donald Paul. "Putting the chicken before the egg : the potential for the Australian consumer law to advance food animal welfare initiatives." Phd thesis, 2012. http://hdl.handle.net/1885/150833.
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This thesis explores whether and to what extent the theoretical and legal foundations of competition and consumer law can advance food animal welfare initiatives and address welfare issues associated with the religious slaughter of animals. By 'food animals' I mean the millions of chickens, cows and pigs processed and slaughtered in Australia each day for human consumption.
This exploration proceeds, as an example, through an evaluation of the prohibition against misleading or deceptive conduct in section 18 of the new Australian Consumer Law ('the ACL').{u2091}
Since mid-2011, the welfare of food animals has assumed a level of urgency in Australia. Disturbing evidence of Australian export cattle being abused by Indonesian abattoir workers as the cattle were slaughtered according to Islamic ritual ignited a national outcry, resulting in the Commonwealth government suspending the entire live export trade for a period of time. Similar abuses were filmed at two Australian abattoirs in 2012.
Although the question posed by this thesis is narrow in its focus, the answers it anticipates, and that are explored throughout, have much wider significance for the universal task of improving the welfare of animals generally and food animals particularly. This is because in answering the central question, the thesis interrogates the normative assumptions, both philosophical and religious, that for millennia have informed the Western characterisation of animals as exploitable property.
It explores the most promising contemporary philosophical challenges to this characterisation, discusses their limitations and identifies theoretical gaps that might be exploited by future scholarship for the benefit of animals.
The thesis questions the protection of freedom of religious practice in democratic societies when those practices involve the slaughter of other sentient beings. It explores the difficulties experienced by governments in increasingly multicultural United Kingdom, European Union and New Zealand, in navigating this highly controversial issue.
With neo-classical economic principles driving contemporary Western markets, the thesis demonstrates the incoherency experienced by governments as they pursue regulatory agendas that bring into conflict the efficient and profitable development of primary industries on the one hand and the welfare of food animals on the other.
However, if an underlying cause of food animal suffering lies in market dynamics informed by neo-classical principles of efficiency and profit{u00AD} maximisation, then perhaps one indirect solution may also emerge from those same principles. Accordingly, the thesis investigates the theoretical and legal potential for consumer protection and competition policy to empower consumers in ways that will advance food animal welfare. And, it evaluates the outer limits of consumer protection jurisprudence, in the form of the prohibition against misleading or deceptive conduct in ACL s 18 in doing so.
In fact, this is precisely the intention of the Commonwealth government. In its 2011 Labelling Logic Report^2 into national food labelling, the Commonwealth government has stated its intention to indirectly regulate these food animal welfare issues through market forces underpinned by competition and consumer policy.
Food animal welfare concerns and religious slaughter practices are characterised by the Labelling Logic Report as 'consumer values issues' best regulated by preventing suppliers from making misleading or deceptive claims, such as 'free range', in marketing their food animal products.^3
In an increasingly competitive food product market, it is anticipated that demand for ethically produced food animal products will signal producers of consumer preferences for food animal welfare practices. In safeguarding this consumer demand, the Commonwealth government intends the ACL to play a key role in preventing suppliers from exploiting consumer demand for welfare-friendly food animal products by preventing misleading or deceptive marketing claims.
Through the analytical device of hypothetical litigation commenced by the ACCC against a large national retailer of food animal products alleging misleading or deceptive conduct in food animal welfare representations associated with those products, the thesis demonstrates how case law enables the ACL to prevent 'positive' but misleading claims. However, it also explores legal difficulties associated with conceptualising silence as misleading or deceptive conduct potentially compromising the ability of the ACL to address welfare issues associated with the religious slaughter of animals.
In these circumstances, if it is seriously intending to support consumer values issues associated with food animal welfare, the Commonwealth government will need to supplement the general provisions of the ACL with more specific legislative reforms empowering consumers to make accurate and informed purchasing decisions in expressing their demonstrated concern for food animal welfare.
Of course, reliance upon the ACL or labelling specific consumer legislation does not absolve Western societies of the larger imperative to develop a coherent philosophy of animal welfare that commands general acceptance. With that imperative in mind, and although this is a legal and not a philosophical thesis it nevertheless proposes a re-definition of the social contract to include all sentient beings based on an 'ethic of bioinclusiveness'; a philosophical framework created by this thesis in describing a new animal welfare ethic grounded in sentience and the fundamental interdependence of human, animals and the environment.
However, until an adequate philosophy of animal welfare has been created and gen.erally accepted, the thesis concludes that consumer demand, protected by the ACL and underwritten by strategic enforcement through the ACCC, has the potential to permit at least partial advances in food animal welfare.
1 Effective from 1January 2011and found in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Section 18 relevantly prohibits a person, in trade or commerce, engaging in conduct that is misleading or deceptive or likely to mislead or deceive.
2 Food Labelling Law and Policy Review Panel, Labelling Logic: Review of Food Labelling Law and Policy, 27 January 2011, Commonwealth of Australia. 3 Ibid 97 [6.3].
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Tsai, Shin-Yun, and 蔡欣芸. "Discussing the Development and Practice of Local Animal Welfare with the Legislation and Evolvement of Animal Protection Law--Regard Dog and Cat as the Illustrations." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/83848299056452387265.
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碩士國立臺灣大學
科際整合法律學研究所
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Comparing with several thousand years animal-using history, it only has about two hundred years when facing up animal is not only tools which facilitated human being’s life. It began to appear more complete animal protection thought and relevant legislation until the early 19th century. Before that, animal can only depend upon the human accidental sense of compassion. Under the effort of scholars and animal protection organizations, Taiwan complied with the global trend and announced to execute Animal Protection Law in November 4, 1998. The major reason, however, behind the legislation was to solve stray dog problem at that time then safeguard the animal welfare. The Animal Protection Law was placed with great expectation before the legislation and was treated as the efficacious medicine that could solve every animal problem. Unfortunately, the stray dog problem had not been solved either animal welfare related issues also emerged from one after another. The Animal Protection Law therefore amended several times and criminalized the animal abusers in the last two amendments. Under such strict penalties, however, animal mistreating was still a social phenomena and animal welfare problems still exist. This thesis discusses why Animal Protection Law produced little effect in Taiwan with observing the development process and social interaction of the Law. The author believe that raising animal protection consciousness of people is the basis of accomplishing the animal welfare and the heavy penalties can only be effective in the short term. Criminalizing the misconduct of abusing animal in the Animal Protection Law is feasible but not fundamental. Keyword: Animal, Animal Protection, Animal Welfare, Animal Protection Law, Criminalization, Stray dog problem, Animal abuse.
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Prince, Amber. "What's wrong with Canada's animal cruelty laws? : Bill C-50, a touchstone for change." Thesis, 2007. http://hdl.handle.net/1828/2470.
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This thesis considers the current Canadian Criminal Code provisions on animal cruelty, and the most recent proposal to amend these provisions, Bill C-50, An Act to amend the Criminal Code in respect to cruelty to animals. The paper argues that Bill C-50, much like the current Criminal Code provisions are reformist in nature and do not signify a fundamental re-conception of the status of animals in Canada. Yet, despite the Bill's shortcomings for many animals and their advocates, the paper argues that Bill C-50 should not be rejected outright as too incremental or ineffectual. Bill C-50 ought to be supported by animal advocates as a significant and positive (albeit modest) stepping stone toward the improved status and welfare of animals in Canada.
Books on the topic "Animal welfare Law and legislation Europe"
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US GOVERNMENT. Animal Welfare Act and animal welfare regulations. [Washington, D.C.]: U.S. Dept. of Agriculture, Animal and Plant Health Inspection Service, 2005.
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GOVERNMENT, US. Animal Welfare Act and animal welfare regulations. [Washington, D.C.]: U.S. Dept. of Agriculture, Animal and Plant Health Inspection Service, 2002.
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States, United. Animal Welfare Act and animal welfare regulations. Washington, D.C.]: U.S. Dept. of Agriculture, Animal and Plant Health Inspection Service, 2008.
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E, Blackman Derek, Humphreys P. N, and Todd P, eds. Animal welfare & the law. Cambridge [England]: Cambridge University Press, 1989.
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Animal law: Welfare, interests, and rights. 2nd ed. New York: Wolters Kluwer Law and Business, 2011.
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Animal law: Welfare, interests, and rights. New York: Aspen Publishers, 2008.
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Maine. Dept. of Agriculture, Food, and Rural Resources. Animal Welfare Program. Animal welfare laws and regulations. Augusta, Maine: Animal Welfare Program, Maine Dept. of Agriculture, Food and Rural Resources, 2004.
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Animal rights law. 2nd ed. Dobbs Ferry, N.Y: Oceana Publications, 2002.
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Jasper, Margaret C. Animal rights law. Dobbs Ferry, N.Y: Oceana Publications, 1997.
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Commission, Manitoba Law Reform. Animal protection. Winnipeg, Man: The Commission, 1996.
Find full textBook chapters on the topic "Animal welfare Law and legislation Europe"
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Broom, Donald M. "EU regulations and the current position of animal welfare." In The economics of farm animal welfare: theory, evidence and policy, 147–55. Wallingford: CABI, 2020. http://dx.doi.org/10.1079/9781786392312.0147.
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Abstract In most countries of the world, sustainability issues are viewed by the public as of increasing importance and animal welfare is perceived to be both a public good and a key aspect of these issues. European Union animal welfare policy and legislation on animal welfare has helped animals, has had much positive influence in the world and has improved the public image of the EU. Health is a key part of welfare and the one-health and one-welfare approaches emphasize that these terms mean the same for humans and non-humans. The animals that humans use are described as sentient beings in EU legislation. Scientific information about animal welfare, like that produced by EFSA, is used in the formulation of the wide range of EU animal welfare laws. The European Commission has an animal welfare strategy including the Animal Welfare Platform. However, most kinds of animals kept in the EU are not covered by legislation, and they are subject to some of the worst animal welfare problems, so a general animal welfare law and specific laws on several species are needed. Animal sentience and welfare should be mentioned, using accurate scientific terminology, in many trade-related laws as well as in animal-specific laws.
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Legge, Debbie. "Key animal law across Europe." In Routledge Handbook of Animal Welfare, 400–413. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003182351-36.
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Bruce, Alex, and Thomas Faunce. "Food Production and Animal Welfare Legislation in Australia: Failing Both Animals and the Environment." In International Farm Animal, Wildlife and Food Safety Law, 359–94. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-18002-1_11.
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Cooper, Margaret E. "Welfare Legislation." In An Introduction to Animal Law, 27–41. Elsevier, 1987. http://dx.doi.org/10.1016/b978-0-12-188030-9.50014-x.
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"Figure 2.1 Events leading to the passing of the first major piece of animal welfare legislation." In Law Relating To Animals, 73–93. Routledge-Cavendish, 1997. http://dx.doi.org/10.4324/9781843141297-10.
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Havelková, Barbara, and Mathias Möschel. "Introduction." In Anti-Discrimination Law in Civil Law Jurisdictions, 1–28. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198853138.003.0001.
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The Introduction draws together the chapters’ findings in relation to the two research questions which have animated the project. The first question asked how anti-discrimination law fares in civil law jurisdictions of Europe and how it fits into them. The Introduction notes that while anti-discrimination law is still seen as a foreign transplant and a legal irritant in many places, it does not uniformly fare poorly. Its success varies and appears to depend not only on the country, but also the area of law, the actors involved, a particular concept or ground of discrimination, and has often evolved over time. The second question asked what factors influence anti-discrimination law’s fit or lack of it. ‘Legal’ as well as ‘extra-legal’ aspects seem to favour or hinder anti-discrimination law, but as they are often not always clearly separable and distinguishable, we locate four types of factors on a spectrum. On the legal side, pre-existing legislation and case law have played a role as have institutional choices. Constitutional and legal foundations and narratives, such as the myth of ‘universalism’ in France, have also influenced the success of anti-discrimination law. Finally, the wider political and social context is discussed, noting that the individual, liberty-oriented politics of common law countries, with their greater reflection of issues of cultural recognition, might be more easily compatible with anti-discrimination law, while the more communitarian, collective approach of continental European countries, with their emphasis on dignity and social-welfare solutions to social problems, might be less so.