scholarly journals Animal Protection in Hungary: A Multilayer System Based on an Administrative Approach

2021 ◽  
Vol 30 (3) ◽  
pp. 109-118
Author(s):  
István Hoffman ◽  
Bernadette Somody
Keyword(s):  
Administrative Law ◽  
Right To Health ◽  
Animal Cruelty ◽  
Farm Animals ◽  
Layer Model ◽  
Criminal Offense ◽  
Animal Protection ◽  
Healthy Environment ◽  
Penal Law ◽  
Administrative Approach

Animal protection has a long tradition in the Hungarian legal system. It can be interpreted as a multi-layer model, but the major approach of animal protection has an administrative nature. Originally, animal protection was interpreted as protecting farm animals as resources. Even though new layers have been evolved, the agricultural-administrative approach remained. The second layer is based on the protection of health and healthy nature. Animals are even protected as part of the natural environment and ecosystem and their protection is part of securing the biodiversity in Hungary. Although animal cruelty is a criminal offense in Hungary, the penal law approach is consistent with administrative law as it is based on the institutional protection of the fundamental right to health and a healthy environment. The law acknowledges that animals are capable of feeling, of suffering. However, animal protection stems from the state’s objective – subjectless – duty to protect the environment and humans’ living conditions. Its ultimate aim is to protect humans.

scholarly journals Artistic Freedom or Animal Cruelty? Contemporary Visual Art Practice That Involves Live and Deceased Animals

Animals ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 812
Author(s):  
Ellie Coleman ◽  
Rebecca Scollen ◽  
Beata Batorowicz ◽  
David Akenson
Keyword(s):  
Best Practice ◽  
Animal Cruelty ◽  
Art Practice ◽  
Animal Protection ◽  
Ethical Implications ◽  
High Profile ◽  
Unethical Practices ◽  
Artistic Freedom ◽  
Legal Guidelines ◽  
Selection Of

This paper examines a selection of 21st-century international examples of exhibited visual artworks involving live or deceased animals. It seeks to reveal the risks and benefits of unique encounters with animals through art and to consider the ethical implications of artwork deploying animals. Australian and international animal protection laws are not explicit when it comes to the sourcing of animals for art nor for the direct inclusion of animals in artworks. This lack leads to a variety of artistic practices, some considered ethical while others are viewed as controversial, bordering on animal cruelty. Artwork selection is determined by a focus on high-profile artists who intentionally use animals in their practice and whose reputation has been fostered by this intention. The study provides insight into how the intentional use of ethically sourced animals within art practice can be a method of addressing hierarchal human–animal imbalances. Further, this study identifies unethical practices that may be best avoided regardless of the pro-animal political statements the artists put forward. Recommendations of how to better determine what is an acceptable use of animals in art with a view to informing legal guidelines and artistic best practice are presented.

A Victorian extinction: Alfred Newton and the evolution of animal protection

2012 ◽  
Vol 46 (4) ◽  
pp. 695-714 ◽  
Author(s):  
HENRY M. COWLES
Keyword(s):  
Natural Selection ◽  
Comparative Anatomy ◽  
Comparative Morphology ◽  
Animal Cruelty ◽  
Modern Concept ◽  
Animal Protection ◽  
Victorian Period ◽  
The Relationship

AbstractThe modern concept of extinction emerged in the Victorian period, though its chief proponent is seldom remembered today. Alfred Newton, for four decades the professor of zoology and comparative anatomy at Cambridge, was an expert on rare and extinct birds as well as on what he called ‘the exterminating process'. Combining traditional comparative morphology with Darwinian natural selection, Newton developed a particular sense of extinction that helped to shape contemporary, and subsequent, animal protection. Because he understood extinction as a process to be studied scientifically, and because he made that, rather than animal cruelty, the focus of animal protection, Newton provides an important window onto the relationship between science and sentiment in this period. Newton's efforts to bring the two into line around the issue of human-caused extinction reveal an important moment in which the boundaries between science and sentiment, and between those who did and those who did not have the authority to speak for nature, were up for grabs.

scholarly journals Criminal liability of veterinaians due to aiding and abetting animal cruelty

2020 ◽  
Author(s):  
Jens Bülte
Keyword(s):  
High Risk ◽  
Animal Welfare ◽  
Criminal Liability ◽  
Individual Case ◽  
Animal Cruelty ◽  
Eu Law ◽  
Court Order ◽  
Current Case ◽  
Animal Protection ◽  
Administrative Courts

Therefore, we may say in conclusion that the criminal liability of an official veterinarian who issues a certificate despite recognising the possibility that if transport takes place animals will suffer actions that fall under the conditions set out by § 17 No. 2a or No. 2b of the Animal Welfare Act, is not prevented by the principles of neutral aid or by the primacy of application of EU law (margin note 6-18)The principles of neutral aid are not applicable to the official veterinarian who is on watch for the protection of transported animals because approval of transport associated with wrongdoing is not a neutral action but eo ipso an action that is dangerous to the legal interest. Furthermore, his action is not subject to the protection of occupational freedom defined by the Basic Law in such a way that a restriction of criminal liability for aiding and abetting would be necessary or make sense. In fact, it would be contrary to the spirit and purpose of state control in terms of animal protection as a constitutional value (margin note 19-37).The primacy of application of European law does not limit criminal liability because even the interpretation of the regulations of the animal transport ordinance means that in a case where animal cruelty at the destination is suspected it is not only that no approval has to be granted but that no approval may be granted. EU law provides an unambiguous prohibition of any cooperation on the part of veterinary authorities in such transport (margin note 38-66).The arguments stated so far by the administrative courts supporting a duty to issue a preliminary certificate do not have sufficient validity, and they lead to a contradiction between criminal law and administrative law due to an artificially isolated view of the coherent life situation. There is, on the basis of EU law and constitutional law, no right to the issue of a preliminary certificate to carry out transport within the country for the purpose of circumventing regulatory safeguards against transport to countries that have a high risk in terms of animal welfare and which would therefore give rise to a concrete danger of animal cruelty in the country of destination or during transport (margin note 67-98).A veterinarian who issues such a preliminary certificate is liable to prosecution due to aiding and abetting animal cruelty abroad if actions are committed during transport to a country with high risk in terms of animal welfare or at the time of slaughter that are punishable under German law. This applies even if he is acting under the impression of current case law of the administrative courts because although in these decisions the question of criminal liability for cooperation in Germany for animal cruelty abroad is called into doubt (without valid reason), it is not denied. It is true that the veterinarian has impunity if he issues a preliminary certificate on the basis of a court order because he will then be acting on the basis of a court order that justifies his action. However, the possible criminal liability of a transporter due to aiding and abetting animal cruelty abroad and also of his legal adviser in the individual case who obtains the permits in court required for the transport remains unaffected by this.

Application of EU Law on Equal Treatment in Poland. État de choses in 2020

2020 ◽  
Vol 66 (4) ◽  
pp. 483-495
Author(s):  
Marcin Górski
Keyword(s):  
Case Law ◽  
Administrative Law ◽  
Equal Treatment ◽  
Institutional Setting ◽  
Eu Law ◽  
Full Implementation ◽  
Penal Law ◽  
Practical Effect ◽  
Polish Law ◽  
The Eu

After more than sixteen years of Poland’s membership in the EU, Polish equality law is far from the principle of effectiveness. The institutional setting is weak and the case-law is mostly disappointing. Within the last five years, state authorities have made significant efforts to deprive anti-discrimination instruments of practical effect - which was infamously demonstrated by e.g. the so-called “LGBT-free zones”. This article explores major areas of equality law in Poland (e.g. the Labour Code, penal law, and administrative law) in order to analyse the case-law and the functioning of the institutional mechanisms. The conclusion is that in practice Polish law does not assure full implementation of EU equality law.

The Disciplinary Liability of Penal System Employees as Subjects of Penal Relationships

2021 ◽  
Vol 1 ◽  
pp. 60-63
Author(s):  
Ekaterina V. Senatova ◽  
Keyword(s):  
Administrative Law ◽  
Penal System ◽  
Penal Law ◽  
The Relationship

The article is devoted to identifying the features of the relationship between the norms of administrative and penal law applicable in the implementation of disciplinary proceedings against employees of the penal system. The author tried to justify the appropriateness of bringing employees of the penal system to disciplinary liability for violation of penal law. The article analyzes the most common duties of employees, enshrined in the norms of criminal executive law, and cases of disciplinary liability for violation of these duties. It is concluded that such a “weave” of the norms of criminal executive and administrative law is regular when the former act as regulatory and the latter as protective norms.

scholarly journals Juridical Analysis of Environmental Law Enforcement in Forestry Crimes Regulation in the Regional Autonomy

2020 ◽  
Vol 1 (1) ◽  
pp. 45
Author(s):  
Iswantoro Iswantoro
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Corporate Crime ◽  
Environmental Law ◽  
Administrative Law ◽  
Ecosystem Impacts ◽  
Regional Autonomy ◽  
Healthy Environment ◽  
State Administrators ◽  
Legal Sanctions

This paper discusses the UUPLH as the basis of Indonesia's environmental policy to prevent and overcome environmental pollution and destruction. A good and healthy environment is created; ecological law enforcement uses state administrative law instruments, civil law, and criminal law. At the law enforcement level, there are many obstacles. Due to the unclear formulation of offenses and various sanctions, the proof is quite difficult, except in being caught red-handed. Strictly speaking, preventive and repressive law enforcement measures against forest and land fires cases and their ecosystem impacts are still not adequate. This fact can be seen from the lack of resolution of forest and land burning issues that have been submitted to the court, and even almost none of the perpetrators of forest and land logging were charged with the legal sanctions above. As for the culture of law culture, the cases of forest and land fires are certainly large-scale corporations, which can even control political power. The state, in this case, state administrators, should consistently target corporate crime and focus on law enforcement efforts using available instruments.

scholarly journals The Organization of Animal Protection Investigations and the Animal Harm Spectrum: Canadian Data, International Lessons

2022 ◽  
Vol 11 (1) ◽  
pp. 22
Author(s):  
Kendra Coulter
Keyword(s):  
Private Sector ◽  
Animal Welfare ◽  
Statistical Data ◽  
Animal Cruelty ◽  
Public And Private ◽  
Animal Protection ◽  
The Public ◽  
Canadian Data ◽  
Private Sector Organizations ◽  
Public And Private Sector

This paper offers the first overview of the Canadian animal cruelty investigations landscape. First, the public and private sector organizations responsible for enforcement are explained, followed by examination of the implications of this patchwork for reporting suspected cruelty. Key statistical data are presented about the types of issues and cases and investigator responses. Initial recommendations are then proposed, and the value of the animal harm spectrum is discussed, including how it can be mobilized to strengthen the operations of animal protection work and animal welfare policy across nations.

scholarly journals COVID-19 Crisis as the New-State-of-the-Art in the Crimmigration Milieu

2021 ◽  
Vol 10 (12) ◽  
pp. 457
Author(s):  
Joanna Tsiganou ◽  
Anastasia Chalkia ◽  
Martha Lempesi
Keyword(s):  
State Of The Art ◽  
Administrative Law ◽  
Health Crisis ◽  
Additive Component ◽  
The Social ◽  
Social Controls ◽  
Penal Law ◽  
Migration Flows ◽  
And Migration ◽  
Health Field

The concept of crimmigration connotes the currently prevailing approach between the different fields of penal, administrative and migration laws. It seems that, progressively, there is an amalgamation of penal law practices with those of civil and administrative law processes in a way creating confusion as to the boundaries of each law discipline and rational. In addition, the protection of public health from COVID-19 interrelates with the above three fields of law while at the same time the measures undertaken for the confrontation of the pandemic are further strengthening the social controls already imposed towards the migrant-refugee populations. Based on the Greek experience, we are particularly interested in mixed migration flows’ status of a ‘prolonged reception’. We have decided to examine the cases of the ‘asylum-seeker’ population and the ‘undocumented’ population who, to a large extent, constitute a large unseen category for the national vaccine program implemented to combat the COVID-19 hygiene crisis. The basic idea supported by our present study is that the health field is used as an additive component to crimmigration as it helps the establishment of a concrete screening intensifying the already imposed migration controls. In addition, the official social controls imposed to combat the COVD-19 health crisis contribute to crimmigration through the intensification of the dangerization of mixed migration flows. Currently, the health field, affected by COVID-19, contributes to the intensification of the crimmigration regime and at the same time to a dangerous cul-de-sac.

scholarly journals FEATURES OF LEGAL REGULATION OF THE RIGHT TO HEALTH IN INTERNATIONAL AND NATIONAL LEGAL INSTRUMENTS

2017 ◽  
pp. 0-0
Author(s):  
Анна Попова ◽  
Anna Popova
Keyword(s):  
Healthy Lifestyle ◽  
Legal Regulation ◽  
Right To Health ◽  
The State ◽  
World Health ◽  
Main Task ◽  
Legal Analysis ◽  
Healthy Environment ◽  
Endemic Diseases ◽  
The Right

Health is the main value for any person so its defense appears to be the main task of a modern legal and social state. However international and regional instruments that contain the concept of health fasten different wordings, namely: “health”, “health of the nation”, “public health” which having different meaning. Moreover, legal acts and scientific literature include similar in sound but not in the legal sense constructions such as “protection of health”, “health”, “ensuring the basic preconditions for health” which trouble determination of the content of the right to health. The author on the basis of a comparative legal analysis of legal regulation of the legal categories of “right to health”, as contained in international instruments and Russian legislation, concludes that the realization of the right to health is connected with various activities aimed at ensuring individual and community health. Among these events, the world health organization includes assistance to mothers and children, prevention and control of endemic diseases, major infectious diseases; professional health care is based on the use of high technologies and promotion of healthy lifestyle, creation of healthy environment adequate to the modern realities of working conditions, improved nutrition and sanitary conditions, accommodation for vulnerable in social terms, individuals located on the territory of the state. The author advocates the position that the right to health at the same time is interpreted as a collective right (the addressee of a package of measures for the protection of health is not the individual citizen, and the population of the state) and as an individual right, to which corresponds the duty of the state to take measures to ensure against its citizens and persons within its territory.

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