Swiss Animal Law Developments and International Comparison Dr. Gieri Bolliger Foundation for the Animal in the Law Conference «Animal Law and Ethics» Zurich, July 8, 2012

Overview I. Milestones of Swiss Animal Welfare Law Constitutional anchoring Legal status Animal's dignity II. Weak Points of Swiss Animal Welfare Law No protection of animal's lives Scope of application Deficiencies in enforcement III. Take Home Message IV. Questions and Discussion

I. Milestones of Swiss Animal Welfare Law 1.Constitutional Anchoring of Animal Welfare Animal welfare moral obligation for everyone however, self-responsability is not enough mandatory regulations by the state need for strong support from a binding law strong legal pillars for animal welfare

I. Milestones of Swiss Animal Welfare Law 1. Constitutional Anchoring of Animal Welfare 1973 Art. 80 Swiss Constitution (BV) important part of the legal system, same status as other state goals obligation for the legislator to enact animal welfare provisions animal welfare is a state matter and a state goal

I. Milestones of Swiss Animal Welfare Law 1. Constitutional Anchoring of Animal Welfare 1981 first Swiss Animal Welfare Act (TSchG) first Swiss Animal Welfare Ordinance (TSchV) 2008 totally revised Swiss Animal Welfare Act (TSchG) totally revised Swiss Animal Welfare Ordinance (TSchV) international comparison: from an animal welfare point of view: one of the most progressive Animal Welfare Acts only minimal standards, no ideal treatment of animals OK

I. Milestones of Swiss Animal Welfare Law 2. Legal Status of Animals 2003 Art. 641a Swiss Civil Code (ZGB) «Animals are not objects.» animals are now legally considered as new legal category in addition topersonsand objects animals

I. Milestones of Swiss Animal Welfare Law 2. Legal Status of Animals however, several changements in Swiss Law: property law tort law inheritance law dept enforcement and bankruptcy law no rights and obligations animals still belong to their owners property symbolic significancelegal recognition as sentient beings

I. Milestones of Swiss Animal Welfare Law 3. Protection of the Animals Dignity 1992 Swiss Constitution protects the «dignitiy of creature» (Art. 120 BV) 2008 Swiss Animal Welfare Act protects the «animals dignity» Art. 1 TSchG (Purpose) «The purpose of this Act is to protect the dignity and welfare of animals». Art. 3 TSchG (Definitions) Dignity: «Inherent worth of the animal that has to be regarded when handling it. (…)». animals must be respected and protected for their own sake

I. Milestones of Swiss Animal Welfare Law 3. Protection of the Animals Dignity «classical» (physical) elements protection from pain, suffering, harm and fear «ethical» elements e.g. tendency from a pathocentric towards a biocentric animal welfare humiliation excessive instrumentalization drastic interference with the animals appearance or abilities

I. Milestones of Swiss Animal Welfare Law 3. Protection of the Animals Dignity protection of animals dignity is not complete every stress violates the animals dignity however, not every violation of the dignity is a disregard interests of animals dignity vs. users interests justification is possible consideration of interests only a disregard is legally relevant

I. Milestones of Swiss Animal Welfare Law 3. Protection of the Animals Dignity Criminal Provisions: Art. 26 TSchG (cruelty to animals) «Anyone who deliberately a. mistreats or neglects an animal, unnecessarily overworks it or in any other way disregards its dignity; (…) is liable to a term of imprisonment or a fine.»

I. Milestones of Swiss Animal Welfare Law 3.Protection of the Animals Dignity primates experiments (2009) political decisions postal delivery dolphin import ban (2012) docking zoophilia court decisions absolutely prohibited by law (2008) torture breeding

I. Milestones of Swiss Animal Welfare Law 3. Protection of the Animals Dignity examples being discussed

II. Weak Points of Swiss Animal Welfare Law 1.No protection of animals lives Art. 1 TSchG (Purpose) «The purpose of this Act is to protect the dignity and welfare of animals». even if life can be considered as the most fundamental interest of an animal however, not to protect their life

II. Weak Points of Swiss Animal Welfare Law 1.No protection of animals lives motive: various human demands in using (and killing) animals prohibited as cruelty to animals (Art. 26 TSchG): killing in a torturous manner mischievous killing killing in fights with or between animals

II. Weak Points of Swiss Animal Welfare Law 1.No protection of animals lives «reasonable motive» decisions about life and death lie in the hands of the animals owner killing is legal if theres no pain, suffering, harm or fear

II. Weak Points of Swiss Animal Welfare Law 2. Only vertebrates are protected by the Animal Welfare Act birds fishes reptilesamphibians mammals exceptions: cephalopods and reptantia

II. Weak Points of Swiss Animal Welfare Law 2.Only vertebrates are protected by the Animal Welfare Act motive: only 5% of animal species are protected by law no legal protection e.g. for spiders, snails or insects no scientific evidence about their capacity for suffering invertebrates

II. Weak Points of Swiss Animal Welfare Law 3.Deficiencies in Enforcement requirements to achieve improvement: appropriate instruments and structures state authorities with far-reaching competences specific stakeholders for animals appropriate staff awareness professionnel competence dedication

III. Take Home Message animal welfare doesnt work without binding law animals are sentient beings which live for their own sake even the best law is only as good as its implementation requires legal anchoring, at best on a constitutional level requires progressive regulations regarding their natural needs and capacity for suffering requires appropriate tools and staff for the enforcement

Thank you for your attention!