Constitution
Primary Legislation
Secondary Legislation
By-Laws and State Laws

Many countries have animal protection legislation, although the extent of coverage, format and enforcement mechanisms (if any) vary greatly. Animal protection societies need to be familiar with their animal protection laws to work more effectively. Also, they can play a key role in influencing the introduction and enhancement of animal protection law - including the vital area of enforcement.

The main source of information about national animal protection law is the relevant government department or law libraries. National animal protection societies and societies with law enforcement authority may also be able to advise. For other countries, the diplomatic representation of the country concerned may be able to provide information.

The format of legislation varies greatly from country to country. An example of legislative structure is:

Constitution

Not all countries have a written constitution. However, where there is a written constitution, a useful animal protection aim is the inclusion of animal protection in the constitution. For example, in the Indian constitution, there is a provision (Article 51-A) that the people of India have a moral obligation to prevent animal suffering. In the absence of animal protection in the constitution, animal protection objectives can be over-ridden by other constitutional principles (such as freedom of science/research or freedom of artistic expression).

Primary Legislation

This outlines general principles and provides powers for further regulation. Could be in the form of an 'Act' or 'Bill'. Needs to pass through Parliament/Congress and be agreed at governmental level.

Secondary Legislation

Detailed provisions covering a specific subject area. These are often formulated by the relevant government department.

By-Laws or State Laws

Local legislation, enforced locally. Level will depend on regional government structure. For example, in the USA there are several tiers of legislation: Federal laws apply throughout the country, state laws apply only in the relevant state, and there may also be localized by-laws or city/district laws. Federal law may only be agreed in areas covered by the constitution. Thus, most animal protection laws are at state level.

The legislative system will depend on the culture and history of the country. For example, legislation can be based on that of former colonial powers. Thus, laws in Commonwealth countries (or former Commonwealth countries) and former 'colonies' are often laws based on old British laws. In Moslem countries, law may be based on religious principles. It is important to understand your country's legislative base, in order to use appropriate legislative 'models' and lobbying tactics.

The importance of selecting appropriate, high-quality animal protection legislation as models cannot be stressed enough. In Europe, for example, the Council of Europe (CoE) conventions form a good base for general animal protection principles, but need to be expanded to offer sufficient protection. Also, the CoE conventions do not cover general ethical/protective concerns or the use of animals in entertainment. As the animal welfare legislation of countries such as the UK and the USA has built up over a long period of time, in a 'piecemeal' approach to specific problems, these animal welfare laws may not be the most practical or logical to use as 'models' for other countries (although the UK is passing a new Animal Welfare Act). Amongst the higher standard national animal protection laws in Europe are those for Sweden, the Netherlands, Austria and Switzerland.

More information on national legislation is contained in Useful Books and Other Resources