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:
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).
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.
Detailed provisions covering a specific subject area. These are often formulated by the relevant government department.
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
Government Structures
Committees/Councils
Consultation
Openness and Transparency
Procedures
Government structures set up to deal with animal protection matters are a great indicator of the political importance of animal protection in the country in question. They can also greatly influence the strength with which animal protection matters are pursued.
As regards government departments involved with animal protection, this can vary greatly. The best option would be to have a separate Government Ministry dealing with animal protection matters. If this is not possible at this stage, a separate Department within a sympathetic Ministry would be the next best option. An example of this is in India, where Minister Maneka Gandhi has established an animal welfare department within her Ministry of Welfare.
The desire to create an independent animal welfare department has been Ms. Gandhi's first ambition since entering politics. She would like to bring together all the animal-related inspection service in one branch of government that would answer to no other (possibly with conflicting objectives) and enforce the recommendations of the Indian Animal Welfare Board vigorously.
If animal welfare is dealt with in a Ministry with conflicting objectives (such as Agriculture), then animal protection objectives can take second place. Even worse, is to have no separate department or unit dealing with animal protection matters (as this means no thorough or uniform approach to animal issues). Widely sympathetic departments, such as Environment would be preferable.
Government advisory committees can play a significant role in improving government feedback and expert advice in animal protection matters. The role and scope can vary greatly from being a committee dealing with all aspects of animal protection (every subject area and both ethical and practical/enforcement issues - as in the Czech Republic) to a committee with more specific scope (such as an ethical committee concerned with biotechnology).
The best arrangement will depend on the country's legislative and enforcement structure. However, if a country does decide to have just one advisory committee covering all areas of animal protection, then it is important that it is broken down into small sub-groups, each containing a wide range of expertise in the relevant subject area.
Advisory committees should not merely consist of representatives from the 'Animal Use' industries. A proper balance between animal protection, animal use and neutral government and scientific representation is important.
In some countries (and the EU) there can be too many committees involved with animal protection issues - leading to confusion, dissolution of effort and, in some cases, committees with insufficient expertise considering matters of animal ethics/welfare. Also, some general ethical committees may take a more 'humanists' approach and give low priority to animal protection matters. In general, a broad-ranging and powerful animal protection committee is preferable.
The remit of such a committee could include:
Considerations of major interest to animal protection societies include:
Within the European Union (EU), there is also a need for coordination of the various national animal protection committees - possibly by an animal protection committee at EU level. The UK (particularly the UK's Farm Animal Welfare Committee) has tried to encourage moves towards coordinated and exchange of information and resources at EU level, but with limited results so far.
Animal protection groups should press for full and open consultation on all matters affecting - or likely to affect - animal protection. In particular:
Animal protection groups should also press for full openness and 'transparency' in government processes. In particular:
Animal protection groups should ensure that their government has satisfactory procedures in place to deal in a practical and foolproof manner with any animal protection matters. Do they, for example, have a system, for identifying any animal protection implications arising from proposed new legislation or administrative actions? This is particularly important if your country has a constitutional obligation to protect animals. Without adequate procedures, the government may itself be in breach of the constitution!
The same will apply to the European Union, with regard to its Protocol to the EU's founding Treaty, which covers animal welfare (and this has been taken into the EU's draft constitution).
In the environmental field, environmental impact is routinely assessed using procedural devices such as 'environmental impact assessments'. This is a 'fail-safe' device to ensure that environmental implications are routinely considered by government legislators and administrators. Animal protection societies could call for similar treatment - requiring an 'animal welfare impact assessment' - to ensure full consideration of proposed measures on animal protection.
Importance of Enforcement
Responsibility for Enforcement
Practical Arrangements
Education
Animal Protection Organizations - Opportunities
Recommended Reading
"Enforcement is of fundamental importance, because any measures to improve animal welfare can only be effective if they are properly implemented and enforced."
Mike Radford (UK Lawyer) categorized seven important functions of enforcement:
Legislation must make it clear who is responsible for its enforcement. This may include:
The choice of enforcement authority and enforcement channels is a difficult, but vital one. This is one area that animal protection groups can influence to their advantage. Considerations include:
When animal protection legislation is drafted and introduced, the enforcement mechanism should be planned to give maximum effect to the written law.
The logistics of enforcement need careful planning. For example:
Responsibility
See above.
Systems
Accommodation/Physical Facilities
Staffing
Enforcement should be uniform across the territory, both as regards levels of coverage and application. Guidance notes should be provided for enforcement officers to cover any areas of doubt.
Enforcement is said to be 90% education and advice. It is wrong to measure successful enforcement of animal protection legislation solely in terms of prosecutions. Effective education is more often successful in the longer-term, and the preventative approach is always preferable to action after animals have suffered. An effective enforcement officer never misses an opportunity to educate, and recognizes the provision of expert guidance and advice as a focal part of the role. However, education about animal protection issues and legislation is something that should be shared amongst all interest groups, including:
The education process can include many different approaches, for example:
Animal protection law enforcement provides a number of opportunities for animal protection societies, including:
Recommended for further reading:
The Treaty (EU Constitution)
EU Animal Welfare Provisions
Status of EU Legislation
Eurogroup for Animals
The European Coalition to End Animal Experiments
The European Coalition for Farm Animals
The European Union (EU) was established by the Treaty of Rome (EEC Treaty or TEC) signed in 1951, with the objective of safeguarding peace and promoting economic and social progress in Europe. The EU is essentially an area of economic activity and trade without internal frontiers. The Treaty identified animals as 'goods' or 'agricultural products'. There were no powers in the Treaty of Rome to introduce EU legislation for the specific purpose of protecting animals. Thus, any measures to protect animals were secondary to the primary purpose of the legislation (such as harmonization of Member States laws). The Directive prohibiting the importation of baby seal products and the leghold trap regulation appear to be the only exceptions to this rule, although they both affect trade (and conservation is included in the EU'S Governing Treaty).
There was some improvement in this situation in 1992, when the Treaty of the European Union was signed in Maastricht (The Maastricht Treaty). A declaration was agreed, which was annexed to the Treaty rather than integrated into its provisions. This required the European Institutions to take account of animal welfare when considering legislation in the areas of research, transport, agriculture and the internal market.
The European Union heads of state of government meeting in Amsterdam June 16 1997 agreed to include a special legally binding protocol on animal welfare in the new European Union Treaty (The Amsterdam Treaty). The text of this protocol is repeated below:
Protocol to the EUROPEAN UNION TREATY (THE AMSTERDAM TREATY)
"THE HIGH CONTRACTING PARTIES
DESIRING to ensure improved protection and respect for the welfare of animals as sentient beings
HAVE AGREED upon the following provision which shall be annexed to the Treaty establishing the European Community:
In formulating and implementing the Community's agriculture, transport, internal market and research policies, the Community and the Member States shall 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."
This protocol was introduced following strong pressure from animal protection groups. It introduced a clear legal obligation for the Community institutions (Commission, Parliament and Council) to pay full regard to the welfare requirements of animals. It did not, however, extend the competence of the Community to include animal welfare per se within its remit. Furthermore, there is a growing movement in favor of the principle of 'subsidiarity' in the EU, which considers that EU legislation should only cover areas which impinge upon EU trade/economy, and that other matters - such as animal welfare - should be dealt with at national level. This has been included in the enlarged EU’s draft constitution. However, it is far from perfect, due to the ‘get out’ clause for acts of cruelty justified by cultural/religious reasons.
The main areas affected by animal welfare legislation at EU level include:
Further information can be obtained from the 'Eur-Lex' section of the European Union's Web site. This site includes information on various aspects of European Union law, including:
Eur-LEX Contains a specific section on EU animal protection measures.
Further details on animal protection law at EU level can also be obtained from Eurogroup for Animals.
All the EU's welfare legislation is legally binding upon Member States, and the country can be taken to the European Court of Justice for any cases of non-compliance. The EU's animal welfare legislation takes the form of Regulations, Decisions or Directives, although the latter is more usual in the field of animal welfare. The difference is as follows:
Regulations
Have general application and direct force of law in all member states. If there is conflict with a national law, the regulation prevails. There is no need to transpose regulations into national legislation for them to take effect.
Directives
Binding on member states as to the results to be achieved, but leaves the method of implementation to national governments. They should be transposed into national law.
Decisions
Binding on those to whom they are addressed (can be member states, companies or individuals).
The Eurogroup for Animal Welfare (Eurogroup) forms the Secretariat of the Intergroup for Animal Welfare (the European Parliament group established to consider animal welfare matters). Eurogroup carries out political lobbying at EU level on all animal welfare matters. Its objective is to work towards "the introduction, implementation and enforcement of animal welfare legislation in the European Union." It has member societies in each of the EU member countries.
Eurogroup is a useful source of information on EU animal welfare legislation. See Useful Books and Other Resources
The European Coalition to End Animal Experiments was established in 1990, originally as the European Coalition to End Cosmetic Testing on Animals and later expanding its remit to include all areas of animal experimentation. The European Coalition comprises active animal welfare/rights groups throughout Europe sharing a common interest in working together to end animal experimentation. The European Coalition's early flagship campaigns were cosmetic testing and the use of primates for research, but it now covers all areas of animal experimentation in its lobbying activities.
The European Coalition for Farm Animals (ECFA ) was formed in 1993 and is an alliance of animal advocacy groups including 31 organizations in 25 European countries and Israel. It is an informal, activity-based Coalition with the objective of achieving an end to Europe-wide factory farming and the long distance transport of live animals.
The Council of Europe was founded in 1949. It is considered to be the bastion of human rights in Europe. Its aims are:
The Council of Europe became concerned about animal welfare because it realized that the dignity of mankind could not be disassociated from the respect man owed to his environment and the animals which inhabited it.
The Council of Europe believes that a society is hallmarked by the way in which it treats its less fortunate creatures. There is therefore a moral responsibility to make proper provision for their care and welfare.
The Council of Europe's website gives the full texts of each of the five animal welfare conventions (covering pets, animal experimentation, farm animals, animal transport and slaughter) and up-to-date tables showing member countries that have signed and/or ratified these.
The five Council of Europe conventions on animal welfare are as follows:
There are also two relating to the environment:
Once these conventions have been signed and ratified, they should be transposed into national law, and be enforced in practice.
The Council of Europe obligation is a moral one, rather than a legal one. However, it should be noted that the European Union has also passed Decisions on the conclusion of European Conventions no. 87 (farm animals), 65 (transport), 102 (slaughter) and 123 (experimentation). These decisions are legally binding upon EU member countries.
There are also detailed recommendations under some of the conventions, and the texts of these may be helpful as a guide to those drafting legislative provisions.
Books
Academic and Other Resources
Animal Protection Society Resources
Other Useful Contacts
An Introduction to Animal Law
Margaret E Cooper LLB
Academic Press (1987)
United Kingdom: 24-28 Oval Road, London NW1
USA: Academic Press Inc., Orlando, Florida 32887
Harcourt Brace Javanovich, Publishers
A practical book, which provides helpful guidelines without overwhelming with detail. Predominantly UK-based, with a chapter on 'foreign and international legislation relating to animals.'
Animals and their Legal Rights
Animal Welfare Institute
PO Box 3650 Washington DC 2007 USA (Fourth Edition 1990)
This email address is being protected from spambots. You need JavaScript enabled to view it.
A significant work containing much information on foreign and international animal welfare laws, as well as US provisions. Includes useful information on the evolution of anti-cruelty laws and the role of animal protection organisations and law enforcement agencies.
Law Relating to Animals
Simon Brooman and Dr Debbie Legge
Cavendish Publishing Ltd. (1997), the Glass House, Wharton Street, London WC1X 9PX
United Kingdom
(Tel: +44 171 278 8000)
A comprehensive analysis of the law relating to animals, touching upon many perspectives, such as philosophy, science, environmental politics, the origins of humankind and many entrenched historical, social and legal attitudes towards animals. Includes analysis of international and various national provisions, as well as UK examples.
Animal Welfare Law in Britain - Regulation and Responsibility
Mike Radford
Publication date: 4 October 2001
Published by Oxford University Press.
The most detailed and authoritative treatment of the current state of animal welfare law in Britain to date. This book provides a full analysis of the substantive law, considers its objectives, application and effectiveness, the background to the current debate and the arguments for and against further reform. It includes full coverage of key topics such as agricultural production, transportation, scientific procedures, entertainment, domestic pets, wildlife, hunting and enforcement.
The Animal Law Review
Animal Law Review is a student-run law review at Lewis & Clark Law School in Portland, Oregon. Animal Law offers a unique forum for the scholarly discussion of legal issues related to animals. The review's objective is to educate the legal community and other interested groups and individuals about the current status of animal-related issues.
Animal Law.com
The International Institute of Animal Law resources. Includes a searchable database.
Eurogroup for Animals
6 rue des Patrioties
B-1000 Brussels
Belgium
Tel: + 32 (2) 740 0820
Fax: + 32 (2) 740 0829
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Publications
2010 Areas of Concern: Analysis of Animal Welfare Issues in the European Union
Other publications by the Eurogroup for Animals can be found on their Publications page.
Eurogroup's other publications are the Eurobulletin and the Intergroup minutes of the Strasbourg sessions of the European Parliament.
The Eurobulletin covers all topical issues dealing with animal welfare within the EU, focusing in particular on the latest legislative developments.
The Intergroup minutes are accounts of discussions held monthly within the Parliamentary Intergroup on the Welfare and Conservation of Animals, providing information on current issues under discussion in the European Parliament and other EU institutions. Numerous Members of the European Parliament attend the intergroup meetings on a regular basis.
They are published monthly, except in August, and there is a joint issue of the Eurobulletin for December and January.
For subscriptions, please email This email address is being protected from spambots. You need JavaScript enabled to view it.
World Society for the Protection of Animals
5th Floor 222 Grays Inn Road
London WC1X 8HB
United Kingdom
Tel: + 44 (20) 7239 5000
Fax: + 44 (20) 7239 0653
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Animal Protection Legislation -- Guidance Notes and Suggested Provisions
RSPCA
Wilberforce Way
Southwater, Horsham
Sussex RH13 9RS
United Kingdom
Tel: +44 (870) 333 5999
Fax: + 44 (870) 753 0284
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Principal UK animal welfare legislation - a summary.
Humane Society for the United States (HSUS) Government Affairs Department
2100 L Street NW
Washington, DC 20037
USA
Tel: + 1 (301) 258 3010
This email address is being protected from spambots. You need JavaScript enabled to view it.
"Lobbying and the Law: A Guide to Federal Tax Law Limitations on Legislative and Political Activists by Non-profit Organizations." This book is available for $15.00 from Hogan and Hartson, 555 Thirteenth Street, N.W., Washington, DC 20004-1109, or call (1) 202 637-8646. Contact the HSUS (as above) for further details.
ASPCA Advocacy Center
424 East 92nd Street
New York
NY 10128-6804
USA
Tel: +1 (212) 876-7700
This email address is being protected from spambots. You need JavaScript enabled to view it.
The Association of Lawyers for Animal Welfare (ALAW)
P.O. Box 67933
London, NW1W 8RB
United Kingdom
This email address is being protected from spambots. You need JavaScript enabled to view it.
A charity which aims to bring together lawyers interested in animal protection law to share experience and to harness that expertise for the benefit of the animal protection community, including by securing more comprehensive and effective laws and better enforcement of existing animal protection laws.
Animal Legal Defense Fund
170 East Cotati Avenue
Cotati, CA 94931
USA
Tel: + 1 (707) 795-2533
Fax: + 1 (707) 795-7280
This email address is being protected from spambots. You need JavaScript enabled to view it.
A small number of intergovernmental treaties exist which are concerned with the conservation of wildlife and wildlife habitats on a global scale. However, only the OIE standards are concerned purely with animal welfare.
OIE - World Organization for Animal Health
CITES/Washington Convention
Ramsar
World Heritage Convention
Bonn Convention
IATA (International Air Transport Association)
IWC (The International Whaling Commission)
The OIE, which has 167 member countries, has agreed international standards on the transport and slaughter of live animals. These include:
OIE Home Page
OIE Animal Welfare Standards
The Convention on International Trade in Endangered Species of Wild Fauna and Flora, entered into force on 1 July 1975 and now has a membership of 167 countries.
CITES Home Page
WWF Information on CITES
The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is an intergovernmental treaty which provides the framework for national action and international co-operation for the conservation and wise use of wetlands and their resources. There are presently 112 Contracting Parties to the Convention.
Convention concerning the Protection of the World Cultural and Natural Heritage, 1972. Protecting natural and cultural properties of outstanding universal value against the threat of damage in a rapidly developing world
UNESCO Information on the World Heritage Convention
The Convention on the Conservation of Migratory Species of Wild Animals 1979 (also known as CMS or the Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. Since the Convention's entry into force on 1 November 1983, its membership has grown steadily to include 51 Parties
The Convention on Migratory Species (CMS) Website, which includes information on the Bonn Convention
The International Air Transport Association (IATA) is an association of airlines founded in 1945 by airline operators seeking to promote "safe, regular, and economical air transport." IATA publishes Live Animal Regulations (in English, French, Spanish and Chinese). These regulations are the industry's minimum standards for the international transport of animals.
The Convention on International Trade in Endangered Species - CITES - now recommend that its parties adopt the Live Animal Regulations as their official guidelines for the transportation of endangered species.
IATA has its European office in Geneva and its head office in Montreal. Copies of the Regulations can be obtained direct from IATA at:
200 Peel Street
Montreal, Quebec
Canada H3A 2RA
The International Whaling Commission (IWC) is the international body responsible for the regulation of whaling. The IWC was set up under the International Convention for the Regulation of Whaling, which was signed in Washington DC on 2 December 1946. The purpose of the Convention was to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry. But the IWC's attitude toward whaling has changed over the years - towards protection of whales, rather than exploitation.
The Home Page of the IWC
Whale and Dolphin Conservation Society
The Value of Legislation
Strategy and Lobbying
Introduction of Legislation
Improvement of Legislation
Using Existing Legislation
Animal protection organizations can use animal protection legislation as a powerful tool in their work to protect animals.
Legislation is meant to reflect the moral consensus of the day. The law cannot be too far ahead of public consensus or it will not work. But forward-looking animal protection laws can set the tone for practical measures, and raise standards. Animal groups must press for the highest possible outcome under present conditions - they will certainly have many opponents trying to keep standards as low as possible! We are always fighting against powerful vested interests - often financial. Animal groups need good information, and clever tactics to achieve their goals (see Strategy and Lobbying below).
Legislation can be introduced to meet a number of aims, for example:
Improvements for animals can be achieved through public education (for example, persuading consumers not to buy fur) and through legislation (for example, a law that bans fur farming). In most cases it will take a mixture of consumer campaigns and lobbying for legislation. Public consensus is the basis for improved legislation and unless public consensus is underlined by legislative change, we are in danger of experiencing 'regression' later.
The first question animal groups need to address is what they want to achieve. Then, based on this, they need to decide how - and indeed whether - to use animal protection law to achieve their aims. Strategy can involve the:
Animal protection societies with limited resources need to focus for maximum effect. This could be by focusing on a key area that would have broad impact (such as the addition of animal protection to the constitution, or the creation of animal ethics committee to advise government). Alternatively, it could be a limited, but achievable, specific subject in their field (such as a ban on animal circuses in a town). In the latter case, achievement of the specific aim can be later broadened and applied to other subjects. Decisions on strategy should take account of:
Once overall strategic aims have been clarified, extensive research is needed before lobbying strategy can be formulated. Collect information and use models/experiences (including enforcement) at the earliest stage:
Lobbying strategy is of major importance to the achievement of legislative goals. This should include:
The strategy should be planned meticulously, including timings. Supporting public campaigns should focus on key aspects. Publicize and campaign on any striking examples leading to inhumane treatment of animals. Individual cases often help to highlight wider problems. Do not be afraid to campaign. Displays of public and media support add weight to your lobby message.
There are a number of avenues that can be followed by animal groups seeking to press their countries to introduce new animal protection laws:
In addition to international and regional obligations in the field of animal protection, there are various arguments that can be used in support of the introduction of animal protection provisions. These include:
It is important to understand the different factors that could provoke governments into action. Understanding of motivation is also important in planning and guarding against possible adverse impact. One practical example of this is that a government with the primary motivation of raising (tax) revenue may be prepared to agree to a scheme of dog registration and taxation - but may then seek to charge high dog taxes, introduce these too rapidly, and not put the taxes raised back into the stray control budget.
Animal protection societies have also successfully used legislation not primarily concerned with animal protection to help their cause - for example, causing the closure of substandard zoos or other premises where animals are kept using legislation designed to protect human health (such as environmental health, protection from 'dangerous wild animals' etc.). Knowledge of the law can be a powerful tool.
It is also possible for animal protection societies to influence the improvement of existing animal protection laws. The avenues that can be used and the government's possible motivations for change are almost the same as for the introduction of new legislation.
In this case, it is important to analyze existing provisions against international regional and relevant national models. Action should be prioritized in areas where practical animal protection problems occur through lack of adequate legislation or enforcement provisions. Campaigns to improve legislative provisions can be either specific - involving a particular problem in isolation - or broad/general. If a broad campaign involves an overhaul of existing animal protection legislation, it is important to work thoroughly and ensure the fullest possible coverage. Broad overhauls of animal protection legislation do not occur frequently, so any omissions may have to wait for some years (also consider that any standards of protection achieved will have to wait for some years before they can be improved - so aim high!).
Timing is also an important consideration. If, for example, you currently have a strong agrarian government (favoring farming interests) or a strong 'free market' government, this may not be the best time to seek changes to your animal protection law. You may even find that opening up existing legislation allows provisions to be weakened.
Many animal protection societies routinely use existing animal protection laws in their work. Some even work as part of the official enforcement system with their own inspectors. Others make unofficial checks, publicizing any shortfalls and adding pressure for change. All animal protection societies should be familiar with animal protection legislation affecting their own area of work, and should consider this as 'another tool in their armory' against animal cruelty and abuse.
Some animal protection societies use existing international or European obligations as a tool in their work. Compliance needs to be checked and cases of infringement well documented. Any breaches can be followed up with your own government and it may be possible to lodge a complaint to the relevant international or European body (for example, an individual or organization can lodge an official complaint in the case of non-compliance with EU law).
Societies can also study enforcement of animal protection laws in their country, and press for practical improvements where needed.
However, careful consideration should be given to animal protection societies taking on official enforcement duties (such as stray control work). The resources and commitment needed are often huge, and the price of failure high. There is also a danger of societies being drawn in to an official position, leaving them unable to campaign and lobby against government policies. Enforcement of the law is the responsibility of authorities. All too often they are pleased to abdicate their responsibilities and pass over the burden! If - after careful reflection - your society does decide to take part, ensure that you are well equipped to do the job, and that you will receive full financial compensation without having to compromise on your policies.
Consider lobbying for beneficial systems, structures and democratic processes - see Systems, Structures and Democracy.
This section contains information on animal protection legislation at a regional, national and international level. It includes useful references to books and resources, contacts and links to websites of interest.
This information was compiled primarily to assist animal protection societies seeking to play a role in the introduction or improvement of animal protection laws, or who want to utilize existing animal protection laws to further their work. It provides an overview of existing legislation, including an indication of available 'models', and points the way forward for those seeking a more in-depth analysis.
How animal protection organizations can use legislation as a powerful tool in their work to protect animals. This section includes both the introduction and improvement of animal welfare laws, and the use of existing legislation. Lobbying is also covered here.
Effective enforcement is vital if existing laws protecting animals are to lead to practical changes in the treatment of animals. Animal protection organizations can influence enforcement mechanisms and assist.
Covers the use of systems, structures and democratic principles for additional influence. Includes issues such as governmental structures, committees, consultation and procedures.
Individual countries have a wide variety of animal protection legislation. Animal law can beat different levels in the country's governing constitution, national law (primary or secondary) regional/state law or local ordinances. While many countries have comprehensive, modern animal protection legislation, some have yet to reach this stage. There is much that animal protection societies can do to contribute to the introduction and enhancement of animal protection laws in their country.
International legislation, in the form of treaties and conventions, may be made between countries joining an agreement (either international or regional, such as the Council of Europe -see below).
The Council of Europe comprises 46 European countries at the time of writing – covering a much wider area of Europe than the European Union. Amongst the conventions of the Council of Europe are five on animal welfare, covering pets, animal experimentation, farm animals, animal transport and slaughter.
The European Union comprises 25 European member countries. It was established by the EEC Treaty (Treaty of Rome) signed in 1951, with the objective of safeguarding peace and promoting economic and social progress. Essentially, it is about trade and harmonization of legislation. Thus, there are few measures concerned with the status and welfare of animals. It has also included animal welfare in its founding document.
There are many useful books and information resources on animal protection legislation. Models are invaluable for animal protection societies lobbying for improvement.