Aim

The aim of the constitution project is to promote the official recognition of animals as sentient beings by including animal protection in international, national and regional constitutions and charters.

The immediate aim is to provide animal protection groups around the world with the information needed to campaign effectively in favor of placing animal protection in constitutions.

Background

Various animal protection societies have campaigned for recognition of the interests of animals in their country constitution, and there have been some initiatives seeking the recognition of animal protection/rights at international national levels. Yet despite the fact that animal protection has become an important ethical and political question in many countries, there are as yet few countries that have secured even the basic requirements for humane treatment of animals in their constitution.

World Animal Net initiated this project in order to research past initiatives - successes and failures, and to make experiences and knowledge available to animal protection organizations worldwide. Our hope is that many animal protection societies will join the project, creating a strong global movement campaigning in favor of the inclusion of animal protection in constitutions. This is, after all, long overdue!

Resources

You are welcome to use these materials for your campaign, and to re-design and adapt them to suit your own style or philosophy. It is important to make reference to the international character of the World Animal Net Constitution Project.

Leaflet - Animal Protection and Constitutions
Background Notes for Animal Protection Organizations
Model Letters to Lobby for Constitutional Protection for Animals

Importance of Enforcement
Responsibility for Enforcement
Practical Arrangements
Education
Animal Protection Organizations - Opportunities
Recommended Reading

Importance of Enforcement

"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:

• Enforcement informs people about the legislation's existence
• Enforcement educates them as to their legal responsibilities towards animals
• Enforcement is instrumental in raising and maintaining standards
• Enforcement can prevent animal abuse
• When it fails in this, enforcement enables animals to be removed from the cause of that abuse
• Enforcement upholds the rule of law by demonstrating that the state, through the courts, will punish those who flout it
• Enforcement identifies problems and weaknesses in the legislation, and can therefore form the basis on which to campaign for further reform

Responsibility for Enforcement

Legislation must make it clear who is responsible for its enforcement. This may include:

• The police
• Other national/government bodies
• Federal authorities
• Regional/state authorities
• Local authorities
• Animal wardens (animal welfare officers in more advanced countries dog catchers in worst case scenario)
• Animal protection organizations
• Veterinarians
• Individuals

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:

• Specialist knowledge - background, training, expertise.
• Conflict in duties - animal protection should be sole duty, or complement existing work - not conflict (e.g. pest control officer doing stray control)
• Level of coverage - wide level of coverage needed
• Accountability - accountability and transparency needed, with full information on enforcement coverage and outcomes
• Control and coordination - needed where more than one body involved in enforcement

Practical Arrangements

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

• Oversight/Co-ordination
• Licensing of premises/procedures/animals/owners
• Statutory control of those whose work brings them into contact with animals, (including standards, discipline, training, and competence)
• Education
• Public relations
• Inspection - Routine/cross-check, prioritizing risk points (e.g. markets etc.)
• Powers of entry
• Record keeping requirements/access
• Taking evidence/statements
• Court procedures
• Sanctions/Penalties (fines, imprisonment, confiscation, ban on keeping animals etc.
• Statistics
• Administrative procedures

Accommodation/Physical Facilities

• Accommodation for staff
• Facilities for holding and re-homing animals (consider different species involved. Own facilities or sub-contracting?)
• Vehicles
• Uniforms
• Catching and handling equipment
• Access to veterinary support facilities
• Access to expertise and facilities for all (likely) species (remember confiscations)

Staffing

• Recruitment (qualities needed?)
• Training and development
• Supervision/Management
• Extent of coverage
• Standards

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.

Education

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:

• Enforcement bodies
• State Veterinary Service/government
• Veterinary profession
• Veterinary institutes
• Agricultural colleges/universities
• Animal protection societies
• Research organizations
• Equipment manufacturers
• Feed suppliers
• Private sector advisory and training agencies

The education process can include many different approaches, for example:

• General Media -- television, radio, newspaper and magazines
• Educational seminars on animal welfare for animal industries and personnel
• Practical training and demonstrations
• Lectures and lessons for schools (or clubs) and further education facilities
• Videos, leaflets and brochures
• Exhibitions in trade fairs
• Direct awareness campaigns, such as travelling information stands (or trailers/buses), static stalls in town centers etc.
• Articles in specialist magazines, including trade journals and animal protection magazines

Animal Protection Organizations - Opportunities

Animal protection law enforcement provides a number of opportunities for animal protection societies, including:

• Campaigning and lobbying for practical improvements
• Supplementing official enforcement and investigations
• Taking part in official enforcement mechanism (e.g. through contract/tender)
• Involvement in government committees on animal protection
• Taking part in educational aspects

Recommended Reading

Recommended for further reading:

• The paper by Mike Radford, University of East Anglia, entitled 'Enforcement -- The Crucial Component'. See Animal Protection Law Resources.
• AnimalKind -- Enforcement of Animal Protection Law.

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 Treaty (EU Constitution)

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.

EU Animal Welfare Provisions

The main areas affected by animal welfare legislation at EU level include:

• Transport
• Slaughter
• Battery hens
• Veal calves and pigs
• Animal experimentation
• Drift netting
• Seals
• Fur trapping
• Conservation/wild bird

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:

• Official Journals (recent versions of EU law publications)
• Treaties:
  Treaties (consolidated)
  Treaties in the process of ratification
• Legislation: Community legislation in force
• Consolidated texts
• Case-law

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.

Status of EU Legislation

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).

Eurogroup for Animals

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

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

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:

• To work for greater European unity
• To uphold the principle of parliamentary democracy and human rights
• To improve living conditions and promote human values

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:

• European Convention for the Protection of Animals Kept for Farming Purposes
  No. 87 of 10 March 1976.
• The Protocol of Amendment to the European Convention for the Protection of Animals Kept for Farming Purposes
  No. 145 of 6 February 1992.
• European Convention for the Protection of Animals During International Transport
  No. 65 of 13 December 1968.
• European Convention for the Protection of Animals for Slaughter
  No. 102 of 10 May 1979.
• European Convention on the Protection of Pet Animals
  No. 125 of 13 November 1987.
• European Convention for the Protection of Vertebrate Animals Used for Experimentation and other Scientific Purposes
  No. 123 of 18 March 1986.
• Protocol of Amendment to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes
  Strasbourg, 22 June 1998.

There are also two relating to the environment:

• Convention on the Conservation of European Wildlife and Natural Habitats
  No. 104 of 19 September 1974 (The Bern Convention).
• Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment (ETS No. 50).

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

Books

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.

Academic and Other Resources

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.

Animal Protection Society Resources

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
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"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.

Other Useful Contacts

The Association of Lawyers for Animal Welfare (ALAW)
P.O. Box 67933
London, NW1W 8RB
United Kingdom
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 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
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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) 

OIE - World Organization for Animal Health

The OIE, which has 167 member countries, has agreed international standards on the transport and slaughter of live animals. These include:

• Sea transport
• Land transport
• Slaughter for human consumption
• Slaughter for disease control

OIE Home Page
OIE Animal Welfare Standards

CITES/Washington Convention

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

Ramsar

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.

Ramsar Convention on Wetlands

World Heritage 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

Bonn 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

IATA (International Air Transport Association)

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 IATA Website

IWC (The International Whaling Commission)

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

The Value of 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:

• Banning certain activities involving animals (e.g. by-laws to ban circuses on local council land)
• Prohibiting certain production methods (e.g. a ban on fur farming)
• Protecting domestic animals/wildlife (e.g. laws against hunting in protected areas, or for endangered/threatened species)
• Promoting animal welfare (e.g. by minimum standards/legal requirements)
• Preventing animal cruelty or minimizing animal suffering
• Protecting animal and public health (e.g. protection from 'dangerous wild animals' or prohibiting use of growth hormones)
• Encouraging responsibility amongst animal owners

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.

Strategy and Lobbying

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:

• Introduction of legislation
• Improvement of legislation
• Use of existing legislation
• Any combination of the above

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:

• Internal Factors - The society's strengths and weaknesses - (unique) capabilities (e.g. staffing, availability of funds, contacts in government, access to legal expertise)
• External Factors - External opportunities and threats (e.g. seriousness of the problem, urgency, public support, opponents' strength)

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:

• Additional provisions and good national experiences.
• Look for existing international provisions (there are few covering animal protection, but where they exist, they provide strong lobbying tools to press the government to introduce/improve provisions)
• If in Europe, look for Council of Europe Provisions (CoE conventions and recommendations cover many areas, and although they are not legally binding, can provide good lobbying material). The CoE provisions may be useful for other countries too
• If in the EU, consider EU welfare legislation. This may be helpful.

Lobbying strategy is of major importance to the achievement of legislative goals. This should include:

• The overall aim of the lobby
• The targets of the lobby (President/Prime Minister, Ministers, Parliament, Political parties, Civil Servants [and if so, which departments/levels])
• Channels to be used (e.g. meetings, letters, petitions, Motions in Parliament, Questions in Parliament, initiation of Parliament enquiries etc.)
• Arguments/influences to be used (including accurate facts, use of opinion polls to show public support and bargaining [e.g. "we will support this if you do that"])
• Allies - forming alliances to give added weight to the lobby

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.

Introduction of Legislation

There are a number of avenues that can be followed by animal groups seeking to press their countries to introduce new animal protection laws:

• Press for ratification of international agreements
• Press for inclusion of international agreements in national law 
• (In Europe) Press for signature/ratification of Council of Europe animal welfare conventions, if not yet done so
• Press for text of Council of Europe conventions and recommendations to be included in national law
• Press for full implementation of EU animal welfare laws (for EU members or those seeking to join EU)
• Press for national animal protection laws, using good 'models'
• Press for good regional/state/local animal protection provisions, using good 'models'

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:

• Altruistic: protection of animals for their own sakes, recognizing the intrinsic value of animal life (less common amongst government/legislators!)
• Moral/ethical: 'The greatness of a nation and its moral progress can be judged by the way its animals are treated' Gandhi
• International acceptance: As above, but playing on a country's desire for international acceptance and regard
• Democracy: Pressure to upheld democratic principles. The 'people want it'.
• Protecting country's fauna 'heritage': domestic animals/wildlife
• Humanistic/Social: Preventing animal cruelty because this can have adverse impact upon human values and actions (quoting evidence of the link between childhood cruelty to animals and later criminality)
• Public health: protecting animal and public health (including protection from 'dangerous animals')
• Ownership/Responsibility: Encouraging responsibility (and liability) amongst animal owners
• Economic: following changing consumer trends and competition abroad

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.

Improvement of Legislation

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.

Using Existing Legislation

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.

Resources:

We are concentrating here on humane education delivered formally in schools. This is important since it is the way to develop compassionate and caring attitudes in society. It is a sustainable - but long-term - strategy for changing ‘hearts and minds’.

However, it is worth pointing out that humane education can also be delivered in other ways including non-formal methods such as campaigning. It is also important that animal welfare training becomes an essential part of the professional development of any person planning to work with animals - including veterinarians, stockmen/women, slaughter-men/women, animal wardens etc.

In many countries, humane education in schools still concentrates on either awareness of animal issues or responsible pet ownership. It is usually done in a piece-meal way, dependent mainly upon the coverage achieved by animal protection groups, or on the inclinations of individual teachers. The ideal of a broad-based, all-encompassing humane education is important because this consolidation presents an educational package which is difficult for governments and teaching authorities to ignore - it widens its acceptability and coverage. As regards methodology, if animal groups could be training teachers (instead of giving one-off lessons) and producing humane education resources, the educational messages would be far more widely spread.

The ideal Humane Education in the classroom incorporates an exploration of human, animal and environmental rights, to teach children a personal sense of responsibility and a compassionate attitude towards each other, animals and the earth they live on. Children are extremely receptive, their minds are inquiring and active and they have huge supplies of natural enthusiasm. Important messages they receive at school go in deep, yet, this education is the opposite of indoctrination, since the message is not to believe x, y, or z, but to encourage consideration of different issues:

• Thinking about others (including animals) and their needs, feelings and suffering
• Thinking about the effects of your actions
• Thinking about your world and your place within it.

Working for Humane Education to become an integral part of each child's formal education is fundamental to the long-term strategy for alleviating animal suffering on a grand scale. Inclusion in the educational curriculum, or specified in part of this (such as 'citizenship studies', ‘life skills’ etc.) would be the most acceptable outcome.

There has always been anecdotal evidence supporting the connection between animal cruelty and violent behavior against people. The 'Son of Sam' murderer in New York City, for example, reportedly (Washington Star, 1977) hated dogs and killed a number of neighborhood animals. Another newspaper article (Washington Post, 1979) reported a mass killer as having immersed cats in containers of battery acid as a child. Albert De Salvo, the notorious Boston Strangler, trapped dogs and cats, placed them in orange crates, and shot arrows through the boxes (Fucini, 1978).

In addition to this anecdotal evidence, there have now been a number of psychological studies carried out which show links between childhood cruelty to animals and later criminality. In some cases, such acts were a precursor to child abuse. Some of these reports were commissioned by humane societies in an attempt to persuade Government authorities of the seriousness of animal cruelty cases, including the Kellert/Felthouse study.

The Kellert/Felthouse study, confirmed a strong correlation between childhood cruelty to animals and future antisocial and aggressive behavior. It stressed the need for researchers, clinicians and societal leaders to be alert to the importance of childhood animal cruelty, and suggested that the evolution of a more gentle and benign relationship in human society might be enhanced by our promotion of a more positive and nurturing ethic between children and animals.

Such path-finding studies are of key importance for society and educators alike. Amongst their findings are:

• In one community in England, 83% of families with a history of animal abuse had been identified as having children at risk from abuse or neglect;
• Of 57 families treated by New Jersey's Division of Youth and Family Services for incidents of child abuse, pets had been abused in 88% of cases, usually by the parent;
• A behavioral triad of cruelty to animals, bed wetting and fire setting in childhood is strongly indicative of likely violent behavior in adulthood; and
• There is a significantly higher incidence of behavior involving cruelty to animals, usually prior to age 25, in people who go on to commit mass or serial murders.

A useful book which brings together research in this area and charts some actions already being taken to address this problem is: 'Child Abuse, Domestic Violence, and Animal Abuse: Linking the Circles of Compassion for Prevention and Intervention' by Frank Ascione and Phil Arkow.

When someone is ill-treated or relegated to a demeaning position in society, they often respond by venting their frustration on someone whose societal position is even lower than their own. By destroying or tormenting the weak, such as an animal or a child, the oppressor becomes the master who has, in turn, tortured them. The anger is directed at an innocent instead of the perpetrator of their own victimization, and it is difficult to break the cycle of abuse.

Humane education is needed to develop an enlightened society that has empathy and respect for life, thus breaking the cycle of abuse. The aim is to create a culture of caring. It is also a sound investment - working on the prevention of criminality and antisocial behavior, which can have a massive societal cost, both in terms of reduction in 'quality of life' and in financial costs incurred through criminal damage, maintenance of law enforcement systems, court costs, prison systems and juvenile work.

The following claims were made for humane education by the US National Parent-Teacher Association Congress in 1933:

"Children trained to extend justice, kindness, and mercy to animals become more just, kind and considerate in their relations to one another. Character training along these lines in youths will result in men and women of broader sympathies; more humane, more law-abiding - in every respect more valuable - citizens. Humane education is the teaching in schools and colleges of the nations the principles of justice, goodwill, and humanity towards all life. The cultivation of the spirit of kindness to animals is but the starting point toward that larger humanity that includes one's fellow of every race and clime. A generation of people trained in these principles will solve their international difficulties as neighbors and not as enemies."

The practice and reinforcement of kindness, of care and compassion towards animals, through formal and non-formal educational processes is, thus, viewed as having a range of positive spin-offs in terms of pro-social attitudes towards people of a different gender, ethnic group, race, culture or nation.