Domestic animals in Germany Part one: the law about pets

content Law for animal protection Animal protection in the German Constitution Regulations in the Law Observance of the Law Measures of the authorities Sentences / penalties When observing maltreatment Criticism Sources

Law for animal protection Animal protection is regulated by the „Tierschutzgesetz“ (animal protection law) from 1972. later amendment, lastest version: from 2006 General principle: „Nobody is allowed to cause an animal pain, suffering or injury without compelling reason.“ (Animal protection law §1) „Gesetz zur Verbesserung der Rechtsstellung des Tieres im bürgerlichen Recht“ (Law for ameliora-tion of animals‘ legal status in civic law) from 1990: animal no longer a „thing“, but a fellow creature

Animal protection in the German Constitution Since 2002 animal protection has been fixed among the national objectives of the Basic German Constitution: „The state protects in responsibility for the future generations the livelihood and the animals in line with the constitunional regulation by legislation and law through executive authority and jurisdiction.“ (German constition §20a)

Regulations in the National Animal Protection Law: Basic Provisions „ Who owns, keeps or is in charge of an animal 1. has to feed and foster it depending on its species and needs and to keep it according to its specific behaviour, 2. isn‘t allowed to cut down the possibility of the animal to roam according to its specific needs so much that it feels pain or suffers from hurt or injury that could be prevented 3. must have the necessary knowledge and abilities that are required for an adequate feeding, fostering and accomodation according to the species‘ natural behaviour.“ (Animal protection law §2)

Regulations in the National Animal Protection Law: Against abandonment „ It is forbidden (…) 3. to abandon or to leave behind an animal which has been kept in an house, a company or has been in charge of a human being in another way, in order get rid of it or to abdicate from one‘s obligation as an owner or keeper (Animal protection law § 3)

Observance of the law In responsibility of the public / local authorities (regional commissions, consisting of experts) veterinarians given civil servant status shall be involved as well

Measures of the authorities to order that the regulations of §2 are kept to order an examiniation done by a veterinarian and to take away the animal / if necessary: to euthanize the animal, if otherwise it suffers from extensive pain that can‘t be eliminated to ban somebod,y who kept / didn‘t stop keeping an animal in a way strictly contrary to paragraphe 2, from keeping an animal of a special kind / in general (Animal protection law § 16a)

Sentences / penalties Who - kills a vertebrate without reason („ohne vernünftigen Grund“) or - inflicts extensive pain or suffering upon a vertrebrate out of cruelty or - inflicts long running or repeating extensive pain or suffering upon a vertebrate is sent for prison for up to three years or fined up to a monitarian penalty. (Animal protection law § 17) Other maltreatments and neglect of animals are considered and treated as administrative offences (Animal protection law § 18)

When observing maltreatment if possible: try to discuss the matter with the owner / keeper; if not possible: contact the local authorities (called „Ordnungsamt“ and „Vetrinäramt“) report an offence to the police or the department of public prosecution

Criticism The Animal protection law allows painful treatment of various kind against animals as it is allowed to inflict pain and suffering as long as it is done „aus vernünftigem Grund“ (English: with reason). Animal protection is part of our Constitution, but only as a „national objective“, not as a basic right; therefore it can‘t be enforced by legal action. Most kind of mistreatment of animals is considered as not more than an administrative offence and is treated as a minor breach of the law like stealing or driving to fast. Since 1990 animals are expressively no longer considered as „things“ (BGB, i.e. „Federal law book“, § 90a), but the regulations used on them are mostly the same as for „things“(e.g. damage of property).

Sources: presented the German APE-group of the 11th grade http://bundesrecht.juris.de/tierschg/BJNR012770972.html#BJNR012770972BJNG000203377 http://de.wikipedia.org/wiki/Tierschutzgesetz_(Deutschland) http://www.provieh.de/search/node/strafanzeige http://de.wikipedia.org/wiki/Tierschutzrecht#Gesetzlicher_Tierschutz_in_Deutschland_seit_1945 presented the German APE-group of the 11th grade