1. ANIMAL PROTECTION LAW Is it working? Dominique Thiriet

2. What do these have in common?

3. Under the law they are both items of property

4. What does it mean in practice?

5. Does the law protect animals’ rights?

6. Does it protect animals’ welfare?

7. Animal Care and Protection Act 2001 (Qld) Section 18: Animal cruelty prohibited (1) A person must not be cruel to an animal. (2) …a person is taken to be cruel to an animal if the person…— (a)causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable; …

8. How do we decide whether pain is necessary, justifiable or reasonable? Consider whether purpose and means are legitimate

9. Case study Pigs

10. Pigs as companions Photo: http://www.oneinchpunch.net/2007/02/14/its-2007-the-year-of-the-pig-top-10-reasons-why-pigs-make-great-pets/

11. Feral pigs (2) It is an offence exemption … (a) if the act is done in a way that causes the animal as little pain as is reasonable; and (b) the control complies with any conditions prescribed under a regulation. Section 42, Animal Care and Protection Act 2001 Photo: NSW DPI

12. Laboratory pigs “ Particular justification must be given for potentially severe or ethically contentious procedures. For example: –unrelieved pain and distress including where the planned end-points will allow severe adverse effects to occur…” Section 2.2.16 (xi)- Australian Code of Practice for the Care and Use of Animals for Scientific Purposes. Photo: US Naval Medical Research Centre

13. Pigs as food “For 10 years after endorsement of the Code, a sow must not be confined in a stall for more than six weeks of any gestation period.” Section 4.1.5 - Model Code of Practice for the Welfare of Animals – Pigs (2008) Photo: farm sanctuary.org

14. Pigs as food “This procedure should not be routinely required” Section 5.6.11 - Model Code of Practice for the Welfare of Animals – Pigs (2008) Photo: Animals Australia

15. Pigs as food “Surgical castration of male pigs older than 21 days … must be performed under anaesthesia...” Section 5.6.2 - Model Code of Practice for the Welfare of Animals – Pigs (2008) Photo: Animals Australia

16. What is the law really protecting? Photo: Animals Australia

17. Does the law need to be reformed? Change legal status of animals Consistent treatment Fewer exceptions Stronger penalties

18. Want to know more? Legislation –Animal Care and Protection Act 2001 (Qld)Animal Care and Protection Act 2001 (Qld) Government information –http://www.daff.qld.gov.au/27_125.htmhttp://www.daff.qld.gov.au/27_125.htm Books –Peter Sankoff and Steven White (eds), Animal Law in Australasia (Federation Press, 2009) –Deborah Cao, Katrina Sharman, Steven White, Animal Law in Australia and New Zealand (Thomson, 2010) –Steven Wise, Rattling the Cage – Towards Legal Rights for Animals (2000, Perseus Publishing) Advocacy –http://www.voiceless.org.au/http://www.voiceless.org.au/ Humane learning and conscientious objection for school/university students –http://www.humanelearning.info/http://www.humanelearning.info/