Animal Protection in World Constitutions
National constitutions are valuable instruments for protecting animals. The chart below provides a summary of current constitutional provisions relating to the care, protection, and general status of animals throughout the world. While World Animal Net desires the strongest possible constitutional protections for animals, this chart is for informational purposes only, and does not purport to endorse or recommend any particular provision.
Included on this chart are provisions and corresponding citations that reference animal protection either directly or indirectly. For example, some nations reference the treatment of animals, specifically. Others reference such terms as “fauna,” “species,” “living things,” and “nature.” Keywords appear in bold. The level of protection and recognition afforded to animals through constitutions varies widely by country. Some constitutions, for example, have many provisions where others may contain only a single provision. Some require that all animals are deserving of protection, while others are concerned with rare or native species only. Similarly, the constitutions of many countries emphasize the importance of protection of species as national resources and assets, while others view animals as deserving of protection in their own right. Finally, some constitutions authorize the regulation of specific industries such as fishing, hunting, and slaughter.
Among the countries that obligate citizens to take a role in protecting animals are Cuba, India, Hungary, Kyrgyz Republic, and Serbia. In addition to provisions requiring specific duties by the state and/or citizens owed toward animals, the listings below include directives and/or authorizing language for the governing of animal protection matters by legislative and regulatory bodies.
Finally, not included on this chart are a number of additional countries that have constitutional rights and/or interests in property where a risk to the health of human beings, animals or plants is present. A version of these property provisions exist in the constitutions of the following countries: Antigua and Barbuda, the Bahamas, Barbados, Belize, Botswana, Dominica, Gambia, Ghana, Grenada, Guyana, Jamaica, Kiribati, Lesotho, Malta, Mauritius, Nauru, Samoa, Sierra Leone, Slovakia, Solomon Islands, St. Vincent, and Tuvalu, and Zambia.
While the focus of the chart is on national constitutions, it is important to note that local and regional constitutions and statues, as well as international agreements serve as additional key mechanisms for establishing strong animal welfare standards. The Treaty of Lisbon, for example, is a quasi-constitutional international agreement amending the two treaties comprising the Constitutional basis of the EU. Notably, it places animal welfare on the same footing as other social issues such as gender equality, human health and discrimination. To date, it comprises the widest reaching ideals for the greatest number of animals in a particular global region.
It specifically states the following:
“In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.1"
To download an easy-to-print PDF of the Constitution Chart, click here.
Authority Provision TITLE II: THE ORGANIZATION OF THE POWERS, CHAPTER II: THE LEGISLATIVE POWER, Article 122, 20 Article 122 establishes that Parliament shall legislate on "[g]eneral rules relating to the protection of the fauna and flora…"
Authority Provision Title II: Rights and Freedoms, Chapter V: Rights, and Economic, Social, and Cultural Principles, Article 31 The Constitution provides that, “[t]he State has the task of ensuring the rational use of the soil and of all the natural resources, so as to guarantee a befitting quality of life for all and, for the sake of the coming generations, to restore and maintain a reasonable ecological balance in the atmosphere, water and land, as well as to protect the autochthonous flora and fauna.”
Authority Provision Title II: Fundamental Rights and Duties, Chapter II: Fundamental Rights, Freedoms, and Guarantees, Section I: Individual and Collective Rights and Freedoms, Article 39:Environmental Rights, 2 The Constitution requires the State to “take the requisite measures to protect the environment and species of flora and fauna throughout national territory, maintain the ecological balance, ensure the correct location of economic activities and the rational development and use of all natural resources, within the context of sustainable development, respect for the rights of future generations and the preservation of species.”
Authority Provision Chapter I: General Provisions. European Union, Article 11, 8 Article 11 grants certain legislative powers to the Federation, including "[a]nimal protection, to the extent not being in the competence of Federal legislation according to other regulations, with the exception of the exercise of hunting or fishing."
Authority Provision SECOND PART: MAJOR RIGHTS, FREEDOMS AND RESPONSIBILITIES CHAPTER III: Principal Human Rights and Civil Liberties, Article 39: Right to Live in a Healthy Environment, IV The Constitution provides that, “[t]he state guarantees the preservation of ecological balance and protection of the species of wild plants and animals determined by law.”
Authority Provision Chapter II: Basic Constituents of Society, Article 9 (h) The State is required to take “necessary measures for the protection of the environment and the conservation of wildlife.”
Authority Provision Article 5: Environment, paragraph 5 Per Article 5, “Parliament may, by law, declare any part of the country to be a National Park, Wildlife Reserve, Nature Reserve, Protected Forest, Biosphere Reserve, Critical Watershed and such other categories meriting protection.”
Authority Provision Part I, TITLE II. FUNDAMENTAL RIGHTS AND GUARANTEES, Chapter V (Social and Economic Rights), Section I, Environmental Rights, Article 33 Per Article 33, "Everyone has the right to a healthy, protected, and balanced environment. The exercise of this right must be granted to individuals and collectives of present and future generations, as well as to other living things, so they may develop in a normal and permanent way." Part II: Functional Structure and Organization of the State, TITLE III. JUDICIAL ORGAN AND PLURI NATIONALCONSTITUTIONAL COURT, Chapter III (Agro-Environmental Jurisdiction), Article 189 and Title VIII: International Relations, Borders, Integration and Maritime Restoration, Chapter I International Relations, Article 255, 2 (7)
Per Article 189, an Agro-Environmental Court, which is charged with resolving," appeals of cassation and nullity in actions involving... biodiversity; and to resolve complaints involving practices that endanger the ecological system and the conservation of species or animals."
Per Article 255, the Constitution sets forth guiding principles for the negotiation, and ratification of international treaties. Among these principles are “[h]armony with nature, defense of biodiversity, and prohibition of forms of private appropriation for exclusive use and exploitation of plants, animals, and microorganisms and any living matter.”
PART III. STRUCTURE AND ORGANIZATION OF THE STATE TERRITORIES, TITLE I: TERRITORIAL ORGANIZATION OF THE STATE, Chapter VIII (Distribution of Authority), Articles 299 and 302(13); Section III: Protected Areas;
Article 299 gives the central level of the state and autonomous territorial entities, "To preserve, conserve and contribute to the protection of the environment and the wild fauna maintained in ecological equilibrium, and the control of environmental contamination" and to regulate livestock, hunting and fishing.”
Article 302 gives exclusive authority to " To preserve, conserve and contribute to the protection of the environment and natural resources, wild fauna and domestic animals " and to " control the quality and sanitation of the elaboration, transport and sale of food products for human and animal consumption.”
Part IV: Economic Structure and Organization of the State, Title II: Environment, Natural Resources, Land and Territory, Section I: Biodiversity, Chapter VII: Biodiversity, Coca, Protected Areas and Forest Resources, Section I: Biodiversity, Article 381 (I) and Section IV: Forest Resources, Article 387 (I)
Per Article 381, the Constitution recognizes native animal species as natural assets. It requires the State to “establish measures necessary for their conservation, exploitation, and development.”
Per Article 387,"The State shall guarantee the conservation of natural forests in the areas of native forests, their sustainable exploitation, and the conservation and recovery of the flora, fauna, and degraded areas."
Authority Provision TITLE III: ORGANIZATION OF THE STATE, Chapter II: THE UNION, Articles 23 and 24 Per Article 23, the Union, States, Federal District and Counties have joint powers to "preserve the forests, fauna and flora," Article 24 gives them the powers to legislate on "forests, hunting, fishing, fauna, preservation of nature, defense of the soil and natural resources, protection of the environment and pollution control;" TITLE VIII: THE SOCIAL ORDER, Chapter VI: THE ENVIRONMENT Article 225, Section 1, Paragraph 7
Per Article 24, the Union, States, Federal District and Counties have joint powers to the powers to legislate on "forests, hunting, fishing, fauna, preservation of nature, defense of the soil and natural resources, protection of the environment and pollution control;"
Per Article 225, the Constitution places a duty on the government and community to “defend and to preserve the environment for present and future generations.” Part of this duty requires them to “protect the fauna and the flora, prohibiting, as provided by law, all practices that jeopardize their ecological functions, cause extinction of species or subject animals to cruelty.”
Authority Provision PART XI: MISCELLANEOUS, Section 83: State Emergency, 4(a) Allows His Majesty the Sultan and Yang Di-Pertuan to make certain Orders with the transportation and movement of animals in the case of a state emergency.
Authority Provision Chapter I: Fundamental Principles, Article 15 Per Article 15, “[t]he Republic of Bulgaria shall ensure the protection and reproduction of the environment, the conservation of living Nature in all its variety, and the sensible utilization of the country's natural and other resources.”
Authority Provision TITLE XII: OF THE NATIONAL COUNCILS, 4: OF THE ECONOMICAL AND SOCIAL COUNCIL, Article 280 The Constitution provides that the Economic and Social Council must be consulted “on issues of the environment and of the conservation of nature.”
Authority Provision PART I: FUNDAMENTAL PRINCIPLES, Chapter V: Economy, Article 59 The Constitution provides that “[t]he State shall protect the environment and balance of abundant natural resources and establish a precise plan of management of land, water, air, wind geology, ecological system, mines, energy, petrol, and gas, rocks and sand, gems, forests and forestrial products, wildlife, fish and aquatic resources.”
Cape Verde +
Authority Provision PART I: FUNDAMENTAL PRINCIPLES, Article 7: Duties of the State, (j) Per Article 7, a fundamental duty of the State is “[t]o protect the land, nature, natural resources, and environment.” PART V: ORGANIZATION OF POLITICAL POWER, CHAPTER VI: AUTHORITY OF THE NATIONAL ASSEMBLY, SECTION II: LEGISLATIVE AND POLITICAL AUTHORITY, Article 187(e) Per Article 187, the National Assembly has the exclusive authority to make laws on “[t]he protection of nature, natural resources, and the national historical and cultural heritage.”
China (People's Republic of) +
Authority Provision Chapter I: GENERAL PRINCIPLES, Article 9 The Constitution provides protection to rare animals. It states specifically, “[t]he state ensures the rational use of natural resources and protects rare animals and plants.”
Authority Provisions TITLE VI: OF THE LEGISLATIVE POWER, Article 111 Article 111 places the fundamental principles of agriculture, of animal husbandry, of fishing and of the waters and forests in the domain of the law.
Authority Provision II: Basic Provisions, Article 3 Article 3 provides that “[f]reedom, equal rights, national equality and equality of genders, love of peace, social justice, respect for human rights, inviolability of ownership, conservation of nature and the environment, the rule of law, and a democratic multiparty system are the highest values of the Constitutional order of the Republic of Croatia and the ground for interpretation of the Constitution. III: Protection of Human Rights and Fundamental Freedoms, Economic, Social, and Cultural Rights, Articles 50 and 52
Article 50 provides that “ The exercise of entrepreneurial freedom and property rights may exceptionally be restricted by law for the purposes of protecting the interests and security of the Republic of Croatia, nature, the environment and public health.”
Article 52 provides that, “[t]he sea, seashore and islands, waters, air space, mineral wealth and other natural resources, as well as land, forests, fauna and flora, other parts of nature, real estate and goods of special cultural, historic, economic or ecological significance which are specified by law to be of interest to the Republic of Croatia shall enjoy its special protection.”
Authority Provision Chapter I: Political, Social, and Economic Foundations of the State), Article 27 The Constitution provides that, “[i]t is the duty of the citizens to contribute to the protection of the water and the atmosphere, and to the conservation of the soil, flora, fauna, and all the rich potential of nature.”
Czech Republic +
Authority Provision CHARTER OF FUNDAMENTAL RIGHTS AND BASIC FREEDOMS, CHAPTER 2: HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, Article 11, paragraph 3; CHAPTER 4: ECONOMIC, SOCIAL, AND CULTURAL RIGHTS, Article 35, paragraph 3
Article 11 provides that, “[p]roperty rights may not be exercised so as to harm human health, nature, or the environment beyond the limits laid down by law.”
Article 35 of the Constitution prohibits the endangerment or damage to “the environment, natural resources, the wealth of natural species, or cultural monuments beyond the extent designated by law.”
Democratic Republic of Congo +
Authority Provision TITLE III: OF THE ORGANIZATION AND OF THE EXERCISE OF POWER, Chapter 1: Of the Institutions of the Republic, Section 3: Of the Relations Between the Executive Power and the Legislative Power; Chapter 2: Of the Provinces, Section 2: Of the Distribution of Competences Between the Central Power and the Provinces, Article 202, paragraph 25 and Article 203, 17, 19
Article 123 provides that without prejudice to the Constitution, the law determines the fundamental principles concerning, "agriculture, animal husbandry, fishing and aquaculture."
Article 202 provides, that “[t]he energy, agricultural and forestry regimes concerning hunting and fishing, concerning the conservation of nature (flora and fauna), concerning the capture [and] breeding of animals, foodstuffs of animal origin and concerning the veterinary arts” shall be the province of the Central Power.
Article 203 provides that “the prevention of human and animal epidemics dangerous to the collectivity” and “the regulation concerning the regimes [of] energy, agriculture and forests, livestock, [and] foodstuffs of animal or vegetable origin falls within the concurrent province of the Central Power and the Provinces.
Dominican Republic +
Authority Provision TITLE I: OF THE NATION, OF THE STATE, OF ITS GOVERNMENT AND OF ITS FUNDAMENTAL PRINCIPLES, CHAPTER IV: OF THE NATURAL RESOURCES, Article 14: Natural Resources, and Article 16: Protected Areas
Article 14 provides that “ [t]he non-renewable natural resources that are found in the territory and in maritime spaces under national jurisdiction, the genetic resources, the biodiversity and the radioelectric spectrum are patrimony of the Nation.”
Article 16 provides, that, “[t]he wildlife, the conservation units that make up the National System of Protected Areas and the ecosystems and species contained in it, constitute patrimonial assets of the Nation and are inalienable, unattachable and imprescriptible.”
TITLE II: OF THE FUNDAMENTAL RIGHTS, GUARANTEES AND DUTIES, CHAPTER I: OF THE FUNDAMENTAL RIGHTS SECTION IV: OF THE COLLECTIVE RIGHTS AND OF THE ENVIRONMENT, Article 66: Collective and diffuse rights Article 66 provides that the State protects “ [t]he conservation of the ecological equilibrium, of the fauna and the flora…”
Authority Provision Title II: Rights, Chapter 4: Rights of Communities, Peoples and Nations, Article 57, paragraph 12; Chapter 6: Rights to Freedom, Article 66, paragraphs 12 and 27; Chapter 7: Rights of Nature, Articles 71, 72, and 73
Per Article 57, the Constitution confirms the rights of indigenous communities, including the right to “uphold, protect and develop collective knowledge; their science, technologies and ancestral wisdom; the genetic resources that contain biological diversity and agriculturalbiodiversity; their medicine and traditional medical practices, with the inclusion of the right to restore, promote, and protect ritual and holy places, as well as plants, animals, minerals and ecosystems in their territories; and knowledge about the resources and properties of fauna and flora.”
Per Article 66, the following right of conscientious objection is recognized and guaranteed but may not “undermine other rights or cause harm to persons or nature.” Also, persons are guaranteed “[t]he right to live in a healthy environment that is ecologically balanced, pollution-free and in harmony with nature.”
Per Article 71, the Constitution recognizes the rights of Pacha Mama, or “Mother Earth”. Specifically, it is given the right to “integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes.”
Per Article 72, nature has the right to be restored.
Per article 73, the Constitution provides for the protection of species. Specifically, it requires the state to “apply preventive and restrictive measures on activities that might lead to the extinction of species, the destruction of ecosystems and the permanent alteration of natural cycles.”
Article 395 provides that “ [t]he State shall guarantee a sustainable model of development, one mat is environmentally balanced and respectful of cultural diversity, conserves biodiversity and the natural regeneration capacity of ecosystems, and ensures meeting the needs of present and future generations.”
Article 399 provides, “ The full exercise of state guardianship over the environment and joint responsibility of the citizenry for its conservation shall be articulated by means of a decentralized national environmental management system, which shall be in charge of defending the environment and nature.”
TITLE V: TERRITORIAL ORGANIZATION OF THE STATE, CHAPTER 2: Organization of the territory, Article 249; CHAPTER 3: Decentralized autonomous governments and special systems, Article 259; CHAPTER 4: System of jurisdictions, Articles 261 and 267, paragraph 4
Per Article 249, “ [c]antons whose territories are wholly or partially within a forty-kilometer border belt shall receive preferential attention for consolidating a culture of peace and socio-economic development, through integrated policies safeguarding sovereignty, natural biodiversity and interculturalism .”
Per Article 259, “ [w]ith the aim of safeguarding the biodiversity of the Amazon ecosystem, the central State and decentralized autonomous governments shall adopt sustainable development policies which shall also onset disparities in their development and consolidate sovereignty.”
Per Article 261, the central State shall have exclusive jurisdiction over biodiversity.
Article 267 provides that rural parish governments shall carry out the duty,”[t]o encourage the development of community production, the conservation of biodiversity and the protection of the environment under its exclusive jurisdiction.”
Title VI: Development Structure, CHAPTER 1: General Principles, Articles 275 and 277, paragraph 1; Chapter 3: Food Sovereignty, Article 281,7; CHAPTER 4: Economic sovereignty, SECTION 3: Public borrowing, Article 290, paragraph 2; SECTION 7: Trade policy, Article 306; CHAPTER 6 : Labor and Production, Section 1, Article 319
Per Article 275, “The good way of living shall require persons, communities, peoples and nationalities to effectively exercise their rights and fulfill their responsibilities within the framework of interculturalism, respect for their diversity, and harmonious coexistence with nature.”
Per Article 277, the State has the responsibility of guaranteeing the rights of people, communities and nature.
Per Article 281, the Constitution requires that animals reared for food are “healthy and raised in a salubrious setting.”
Per Article 290, “ Public borrowing shall be monitored to ensure that it does not affect sovereignty, rights, the good way of living and nature conservation.”
Per Article 306, “ The State shall support the imports necessary for development objectives and shall discourage those that negatively affect domestic production, the population and nature.”
Per Article 319, “ [t]he State shall promote forms of production that assure the good way of living of the population and shall discourage those that violate their rights or those of nature.”
TITLE VII: THE GOOD WAY OF LIVING SYSTEM, CHAPTER 1: Inclusion and equity, CHAPTER 2: Biodiversity and natural resources, SECTION 1: Nature and the environment, Article 395, paragraph 1 and Article 399; SECTION 2: Biodiversity, Article 403; SECTION 3: Natural assets and ecosystems, Article 405
Per Article 403, “ [t[he State shall not make commitments to cooperation agreements or accords that include clauses that undermine the conservation and sustainable management of biodiversity, human health, collective rights and rights of nature.”
Per Article 405, “ [t]he national system of protected areas shall guarantee the conservation of biodiversity and the maintenance of ecological functions…”
TITLE VIII: INTERNATIONAL RELATIONS, CHAPTER 2: International treaties and instruments, Article 419, paragraph 8; CHAPTER 3: Latin American integration, Article 423, paragraph 2
Article 419 provides that “ [t]he ratification or denunciation of international treaties shall require prior approval by the National Assembly [when] they compromise the country's natural heritage and especially its water, biodiversity and genetic assets.”
Article 423 provides, “ Integration, especially with Latin American and Caribbean countries, shall be a strategic objective of the State. In all integration bodies and processes, the Ecuadorian State shall pledge… to promote joint strategies for the sustainable management of natural assets, especially the regulation of extraction activities; sustainable energy cooperation and complementation; the conservation of biodiversity, ecosystems, and water; research, scientific development and exchange of knowledge and technology and the implementation of coordinated food sovereignty strategies.”
Equatorial Guinea +
Authority Provision PART ONE: Fundamental Principles of the State, Article 6 Per Article 6, “ The State shall encourage and promote culture, the arts and scientific and technological research, and shall ensure the conservation of nature, the cultural heritage and the artistic and historical riches of its nations.”
Authority Provision Chapter Two: Basic Components of Society, Section Two: Economic Components, Article 45: Seas, Beaches, lakes, waterways, mineral water and natural reserves The Constitution declares, “The state also commits to the protection and development of green space in urban areas; the protection of plants, livestock and fisheries; the protection of endangered species; and the prevention of cruelty to animals. All the foregoing takes place as regulated by law.”
Authority Provision CHAPTER 1: THE STATE, 1: The Republic of Fiji, (h) A “prudent, efficient and sustainable relationship with nature” is one of the values that the Republic of Fiji was founded on, according to the Constitution.
Authority Provision Chapter 2: Basic rights and liberties, Section 20: Responsibility for the Environment The Constitution states: [n]ature and its biodiversity, the environment and the national heritage are the responsibility of everyone.”
Authority Provision TITLE IV: Relations Between Executive Power And Legislative Power, Article 47 The Constitution provides that outside of cases expressly provided for in the Constitution, the law establishes the rules for the protection of nature and the environment.
Authority Provision Chapter II: Georgian Citizenship, Basic Rights and Freedoms of Individuals, Article 37 The Constitution provides that “ [w]ith the view of ensuring safe environment, in accordance with ecological and economic interests of society, with due regard to the interests of the current and future generations the state shall guarantee the protection of environment and the rational use of nature.”
Authority Provision II (Federation of the Lander) Article 20A (Protection of the Natural foundations of Life and Animals) The German Constitution provides for the specific protection of animals, stating, “Mindful also of its responsibility toward future generations, the state shall protect the natural foundations of life and animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the Constitutional order.” VII. Federal Legislation and Legislative Procedures, Article 72, paragraph 2; Article 74, paragraphs 19 and 20
Per Article 72, the Lander (states) may enact laws on hunting.
Per Article 74, concurrent legislative power is granted in the areas of food animal production and animal disease management.
Authority Provision Title II: Human Rights, Chapter II: Social Rights, SECOND SECTION: Culture, Article 64: National Heritage The Constitution provides that “[t] he conservation, protection and improvement of the natural heritage of the Nation[,] is declared [to be] of national interest. The State will promote the creation of national parks, reservations, and natural sanctuaries, which are inalienable. A law will guarantee their protection and that of the fauna and the flora that exists within them.”
Authority Provision PART 1: GENERAL PRINCIPLES, CHAPTER II: PRINCIPLES AND BASES OF THE POLITICAL, ECONOMIC AND SOCIAL SYSTEM, 36 The Constitution provides, that “ [i]n the interests of the present and future generations, the State will protect and make rational use of its land, mineral and water resources, as well as its fauna and flora, and will take all appropriate measures to conserve and improve the environment.”
Authority Provision TITLE IX, Chapter II: The Environment, Article 257 The Constitution provides that, "The law specifies the conditions for protecting flora and fauna, and punishes violations thereof."
Authority Provision FOUNDATION, Article P The Constitution provides that native plant and animal species are part of Hungary’s common heritage. It places a duty on the state as well as on Antigua and Barbuda to “protect, sustain, and preserve them for future generations.”
Authority Provision PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY, 48: Organisation of Agriculture and Animal Husbandry and 48A: Protection and improvement of environment and safeguarding of forests and wild life
Per 48, the Constitution requires the State to “take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves in other milch and draught cattle.”
Per 48A, the Constitution places a duty on the State to “endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
Per List III, Both Parliament and the legislature have the authority to make laws on the following: “[p]revention of cruelty to animals,” “protection of wild animals and birds,” “[p]revention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.”
PART IVA: FUNDAMENTAL DUTIES, 51A (g): Fundamental Duties Per 51A, the Constitution places a duty on every citizen to “protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” SEVENTH SCHEDULE: (Article 246), List II: State List and List III: Concurrent List Per List II, the Legislative Assembly is given the authority to make laws on the following: “[p]reservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice…” ELEVENTH SCHEDULE (Article 243G) Per the Eleventh Schedule, the Constitution provides that Panchayat (local self government) may make laws on the following: “[a]nimal husbandry, dairying and poultry”, and fisheries. TWELFTH SCHEDULE: (Article 243W) Per the Twelfth Schedule, Municipalities may undertake certain duties pertaining to the regulation of slaughterhouses and tanneries.
Authority Provision Section II: The Individual and Citizen, Article 38 The Constitution provides that citizens “must preserve nature and protect natural resources.”
Authority Provision Chapter II: Fundamental Rights and Freedoms, Article 52: Responsibility for the Environment Article 52 provides that, “[n]ature and biodiversity, environment and national inheritance are everyone’s responsibility.” Chapter IX: Economic Relations, Article 122: Use of Property and Natural Resources), paragraph 2 Article 122 provides that “[n]atural resources such as water, air space, mineral resources and other natural resources including land, flora and fauna, other parts of nature, immovable property and other goods of special cultural, historic, economic and ecologic importance, which have been determined by law to be of special interest to the Republic of Kosovo, shall enjoy special protection in accordance with law.”
Authority Provision FOURTH SCHEDULE: DISTRIBUTION OF FUNCTIONS BETWEEN THE NATIONAL GOVERNMENT AND THE COUNTY GOVERNMENTS (Article 185 (2), 186 (1) and 187 (2)), Part 1: National Government and Part II: County Governments. Per Part 1 of the Fourth Schedule, the National Government is responsible for the protection of animals and wildlife. Per part II, the County Governments are responsible for animal husbandry, and animal control and welfare.
Kyrgyz Republic +
Authority Provision Preamble According to the preamble of the Constitution, living in harmony with nature is one of the principle foundations of the Constitution. SECTION I: FUNDAMENTALS OF THE CONSTITUTIONAL ORDER, Article 12, paragraph 5 Per Article 12, “[t]he land, its resources, airspace, waters, forests, flora and fauna, as well as other natural resources shall be the exclusive property of the Kyrgyz Republic; these shall be used for the purpose of preserving a unified environmental system as the basis of life and activity of the people of Kyrgyzstan and shall enjoy special protection from the State.” SECTION II: HUMAN RIGHTS AND FREEDOMS, Article 48, Paragraph 3 Per Article 48, “[e]veryone should care for the environment flora and fauna.”
Authority Provision Chapter II: The Socio-Economic Regime, Article 19 The Constitution states, "All organisations and citizens must protect the environment and natural resources: and surfaces, underground [resources,] forests, animals, water sources and the atmosphere."
Authority Provision CHAPTER IV: NATIONAL ECONOMY AND LABOUR, Article 54 The Constitution charges the state with taking care of the “protection of the natural environment, wildlife and plants, individual objects of nature, and areas of particular value…” It also states that the depletion of wildlife shall be prohibited by law.
Authority Provision Chapter II: Public Freedoms and Fundamental Rights Article 11bis The Constitution provides that “[t]he State guarantees the protection of the human and cultural environment, and works for the establishment of a durable equilibrium between the conservation of nature, in particular its capacity for renewal, and the satisfaction of the needs of present and future generations.”
Authority Provision II: BASIC FREEDOMS AND RIGHTS OF THE INDIVIDUAL AND CITIZEN, paragraph 4: Foundations for Economic Relations, Article 56 The Constitution provides, “[a]ll the natural resources of the Republic of Macedonia, the flora and fauna, amenities in common use, as well as the objects and buildings of particular cultural and historical value determined by law, are amenities of common interest for the Republic and enjoy particular protection.”
Authority Provision SCHEDULE IX. Legislative Lists, LIST 3. CONCURRENT LIST The Constitution grants Parliament the authority to make laws with respect to the protection of wild animals and wild birds, and with respect to animal husbandry, prevention for cruelty to animals, veterinary services, and animal quarantine.
Authority Provision CHAPTER II: FUNDAMENTAL RIGHTS AND FREEDOMS, 22: Protection of the Environment and 67(h): Responsibilities and duties
The Constitution tasks the state with the fundamental duty to “protect and preserve the natural environment, biodiversity, resources and beauty of the country for the benefit of present and future generations,” and “undertake and promote desirable economic and social goals through ecologically balanced sustainable development and shall take measures necessary to foster conservation, prevent pollution, the extinction of any species and ecological degradation from any such goals.”
Per 67, every citizen has the responsibility “ to preserve and protect the natural environment, biodiversity, resources and beauty of the country and to abstain from all forms of pollution and ecological degradation;”
Authority Provision FIFTH TITLE: States of the Federation and the Federal The Constitution provides that "The distribution of competences among the powers of the Union and the local authorities of the Federal District shall be subject to…animal protection."
Authority Provision CHAPTER ONE: Sovereignty of Mongolia Article 6, paragraph 1 Article 6 provides that “The land, its subsoil, forests, water, fauna, flora, and other natural assets in Mongolia shall be subject to the people’s authority and under the protection of the State.” CHAPTER TWO: Human Rights and Freedoms, Article 17, paragraph 2 Article 17 provides, “ [i]t is a sacred duty for every citizen to work, protect his/her health, raise and educate his/her children, as well as to protect the nature and environment.”
Authority Provision Preamble The Constitution of Montenegro is established on select foundational principles, including “[t]he conviction that the state is responsible for the preservation of nature.”
Authority Provision Part 4: Obligations, Directive Principles and Policies of the State 35: Policies of the State, paragraph 5 The Constitution requires the state to provide special safeguard of “rare wildlife” as well as “make arrangements for the protection of, sustainable uses of, and equitable distribution of benefits derived from, the flora and fauna and biological diversity.”
Authority Provision PART V: Relations Between Federation and Provinces, CHAPTER 2: ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND PROVINCES,151. Inter-Provincial trade The Constitution prevents Acts of the Provincial Assembly that protect animals from disease from being held invalid.
Authority Provision TITLE X: NATIONAL ECONOMY, Article 296 The Constitution states that, “[h]unting, fishing, and exploitation of forests shall be regulated by law, with special care in protecting and conserving the fauna and flora of the country.”
Papua New Guinea +
Authority Provision Preamble The preamble of the Constitution calls for "all necessary steps to be taken to give adequate protection to our valued birds, animals, fish, insects, plants and trees." PART III: BASIC PRINCIPLES OF GOVERNMENT, Division 3: Basic Rights, Subdivision C: Qualified Rights, Section 42: Liberty of the Person Section 42, which guarantees liberty of the person, creates an exception "for the purpose of preventing the introduction or spread of a disease or suspected disease, whether of humans, animals or plants, or for normal purposes of quarantine;"
Authority Provision ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES, Sec. 16 The Constitution provides that the “ The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
Authority Provision Fundamental Principles, Article 9: Fundamental tasks of the state, (e) Per Article 9, one of the fundamental tasks of the state shall be, “ [t]o protect and enhance the Portuguese people's cultural heritage, defend nature and the environment, preserve natural resources and ensure proper town and country planning.” Title III: Economic, social and cultural rights and duties, Chapter II: Social rights and duties, Article 66: Environment and quality of life Per Article 66, the state is charged with, “ Creating and developing natural and recreational reserves and parks and classifying and protecting landscapes and places, in such a way as to guarantee the conservation of nature and the preservation of cultural values and assets that are of historic or artistic interest.”
Authority Provision SECTON 1, CHAPTER 2: HUMAN AND CIVIL RIGHTS AND FREEDOMS, Articles 58 and 74
Per Article 58, “ [e]veryone shall have a duty to preserve nature and the environment and to treat natural resources with care.”
Per Article 74, “Restrictions on the movement of goods and services may be introduced in accordance with federal law only to ensure security, to protect the life and health of people and top reserve nature and cultural values.”
Sao Tome and Principe +
Authority Provision PART I: Principles and Objectives Article 10: Prime Objectives of the State Per Article 10, a prime objective of the State is to “ [p]reserve the harmonious balance of nature and of the environment.”
Authority Provision PART 4: COMPETENCES OF THE REPUBLIC OF SERBIA, Article 97: Competencies of the Republic of Serbia, paragraph 9 Per Article 97, the Constitution requires the Republic of Serbia to provide for the “protection and improvement of flora and fauna.” PART 7: TERRITORIAL ORGANIZATION, Article 183: Competences of autonomous provinces Per Article 183, autonomous provinces are charged with regulating “ agriculture, water economy, forestry, hunting, fishery, tourism, catering, spas and health resorts, environmental protection, industry and craftsmanship, road, river and railway transport and road repairs, organizing fairs and other economic events…”
Authority Provision Chapter Six: The Right to Protect the Environment and Cultural Heritage, Article 44 The Constitution provides that the State "sees to the economical use of the natural resources and the economical balance and active care of the life environment and safeguards the protection of certain kinds of plants and freely living animals."
Authority Provision III. Economic and Social Relations, Article 72 The Constitution provides that the "protection of animals from cruelty shall be regulated by law."
South Africa +
Authority Provision Chapter 2: BILL OF RIGHTS, 24. Environment The Bill of Rights in the Constitution ensures that everyone has a right to “promote conservation.” Schedule 4: FUNCTIONAL AREAS OF CONCURRENT NATIONAL AND PROVINCIAL LEGISLATIVE COMPETENCE, Part A Per Schedule 4, the following areas are under concurrent national and provincial legislative competence: “animal control and diseases,” and “nature conservation.” Schedule 5: FUNCTIONAL AREAS OF EXCLUSIVE PROVINCIAL LEGISLATIVE COMPETENCE, Part B Per Schedule 5, “[f]acilities for the accommodation, care and burial of animals” is include among the functional areas of exclusive provincial legislative competence.
South Sudan +
PART TEN: ARMED FORCES, LAW ENFORCEMENT AGENCIES AND SECURITY, Chapter II: Law Enforcement Agencies, Section 157: The Wildlife Service, 2
CHAPTER III: PETROLEUM AND GAS DEVELOPMENT AND MANAGEMENT, Section 173: Guiding Principles for Petroleum and Gas Development and Management, (j)
Per Part Ten, the Constitution provides for the creation of the National Wildlife Service, whose mission shall be “to protect the wildlife and preserve and conserve the natural habitat of flora and fauna of South Sudan.” This section further specifies that “ the conservation and protection of the natural ecosystems, bio-diversity and endangered species shall be the primary consideration in carrying out its duties”. Finally, the Wildlife Service is tasked with respecting” the will of the people, the rule of law, civilian authority, democracy, human rights, fundamental freedoms and the protection of animals in accordance with the law.”
Per Section 173, the Constitution requires petroleum and gas management to protect the environment and biodiversity.
Schedule C: Concurrent Powers Per Schedule C, national and state governments shall have legislative and executive competencies in “ [p]astures, veterinary services, and animal and livestock disease control” and [h]uman and animal drug quality control;”
Sri Lanka +
Authority Provision CHAPTER VI: DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES, 28. Fundamental duties The Constitution declares that it is the duty of every person “to protect nature and conserve its riches.”
Authority Provision CHAPTER II: GUIDING PRINCIPLES AND DIRECTIVES, 11: Environment and Natural Resources Per Section 11, “[t]he State shall not pursue any policy, or take or permit any action, which may adversely affect the existence of any species of animal or vegetative life, their natural or adopted habitat.”
Authority Provision CHAPTER III: SOCIAL GOALS, Article 6(g) Included among the social aims of the State is, “ [c]reating and improving the conditions necessary for the protection of nature and for the preservation of the ecological balance.”
The Freedom of the Press Act, Chapter 2: On the public nature of official documents, Article 2, paragraph 7.
The Fundamental Law on Freedom and Expression, Chapter 3: On Transmission, Production, and Dissemination, Article 11; Chapter 5: On Freedom of Expression of Offences, Article 1
Per Article 2, the right of access to official documents may be restricted if necessary to preserve plant or animal species.
The Swedish Constitution provides unique protection regulating the depiction of violence toward animals in the media in a number of sections.
Article 11 grants authority for provisions to be laid down in law concerning video or other technical recordings “ which include acts of violence or threats of violence against persons or animals” that are supplied to certain minors.
Per Article 1, unlawful portrayal of gross acts of violence against animals in technical recordings in many instances are also freedom of expression offences.
Title 3: Confederation, Cantons, and Municipalities, Chapter 2: Powers, Section 4: Environment and Zoning, Article 78: Nature and Cultural Heritage, paragraph 4 and Article 80: Protection of Animals
Title 3: Confederation, Cantons, and Municipalities Section 5, Article 84: Alpine Transit; Section 7: Economy, Article 104: Agriculture,; Section 8:Housing, Work, Social Security and Health Article 118: Protection of Health and Article 120: Gene Technology in the Non-Human Field
Per Article 78, the Constitution charges the Confederation with legislating “on the preservation of their natural environment and multiplicity. It shall protect endangered species from extinction.”
Per Article 80, the Confederation is charged specifically with legislating on the protection of animals. In particular, it is charged with legislating in the following areas: “the keeping and care of animals,” “experiments and intervention on live animals,” the use of animals,” “the importation of animals and animal products,” “trade in animals and transportation of animals,” and “the slaughter of animals.”
Per Article 84, the Confederation is charged to reduce the levels of nuisance caused by transit traffic in the alpine regions to a level “which is not harmful to persons, animals, or plants, or their environment.”
Per Article 104, the Confederation is charged with “promot[ing], by way of economic incentives, forms of production which are particularly close to nature and friendly to the environment and the animals.”
Per Article 118, the Confederation is charged with “fighting contagious, widespread or particularly dangerous human and animal diseases.”
Per Article 120, Swiss Constitution provides protection to animals, with specific emphasis on animals in gene technology. It provides, “The Federation adopts rules on the use of reproductive and genetic material of animals, plants, and other organisms. It takes thereby into account the dignity of the creature and the security of man, animal and environment, and protects the genetic multiplicity of animal and plant species.”
Authority Provision Chapter 2: RIGHTS, FREEDOMS, [AND] BASIC DUTIES OF MAN AND CITIZEN, Article 44 The Constitution provides that the “ [p]rotection of the nature, historical, and cultural monuments is an obligation of everyone.”
Authority Provision TITLE V: Of the RELATIONS BETWEEN THE GOVERNMENT AND THE PARLIAMENT, Article 84 The Constitution provides that the law establishes the rules concerning "the creation, the expansion and the declassification of the national parks, [and] of the animal reserves and of the designated forests;"
Authority Provision Protection and Promotion of Fundamental and other Human Rights and Freedoms, XIII. Protection of natural resources; FIFTH SCHEDULE: REGIONAL GOVERNMENTS, Article 178; SIXTH SCHEDULE FUNCTIONS AND SERVICES FOR WHICHGOVERNMENT IS RESPONSIBLE The Constitution provides that "The State shall protect important natural resources, including land, water, wetlands, minerals, oil fauna and flora on behalf of the people of Uganda." It further charges regional government with responsibility for wildlife reserves.
Authority Provision CHAPTER II: HUMAN AND CITIZENS’ RIGHTS, FREEDOMS AND DUTIES, Article 66
The Constitution declares that “ [e]veryone is obliged not to harm nature, cultural heritage and to compensate for any damage he or she inflicted.”
Per Article 138, “the rational utilization of nature, and environmental protection in accordance with national programs” is under the competence of the Autonomous Republic of Crimea.
United Arab Emirates +
Authority Provision CHAPTER SEVEN THE DISTRIBUTION OF LEGISLATIVE, EXECUTIVE AND INTERNATIONAL JURISDICTION BETWEEN THE UNION AND THE EMIRATES, Article 121 The Constitution establishes that the Federation is solely in charge of enacting matters on protection of flora and fauna.
Authority Provision TITLE III: DUTIES, HUMAN RIGHTS AND GUARANTEES Chapter, IX: Environmental Rights, Article 127 The Constitution tasks the State with the fundamental duty to “ensure that the populace develops in a pollution-free environment in which air, water, soil, coasts, climate, the ozone layer and living species receive special protection, in accordance with law.”
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