scholarly journals Humane Legal Protection of Homeless Animals

2021 ◽  
Vol 30 (3) ◽  
pp. 265-276
Author(s):  
Elżbieta Zębek

Animal rights at the international level have been defined in the Universal Declaration on Animal Welfare, which has become a guiding principle for many EU countries in shaping animal protection legislation. The subject of this article is the humane protection of homeless animals, which is the responsibility of the municipality in terms of maintaining cleanliness and order. The study assumes that by carrying out tasks regarding the protection of animals from homelessness, municipalities contribute to the effective protection of animals by providing them with appropriate care. The analysis found that the provisions of the Universal Declaration on Animal Welfare have been fully incorporated into Polish legislation. However, the effectiveness of the provisions on the protection of homeless animals executed by municipalities is not entirely satisfactory as evidenced by the post-inspection data and selected jurisprudence. In order to improve this state of affairs, the following de lege ferenda postulates were formulated, which in part are also guidelines of the Supreme Audit Office extending the catalog of activities in municipal homeless animal protection programs, introducing the requirement to inspect animal shelters by municipalities, changing the location requirements of animal shelters and also clarifying sanitary requirements concerning the conditions in which animals live in to improve their welfare. The above changes in legislation may contribute to more efficient humane protection of homeless animals in Poland and may serve as an example for other EU countries.

2020 ◽  
Vol 3 (3) ◽  
pp. 123-142
Author(s):  
BIRGITTA WAHLBERG

The recognition of animals as sentient beings in the Treaty on the Functioning of the European Union (TFEU) gave rise to expectations as to real concern and care for animal welfare and a balance of human-animal interests. However, both the EU-legislation and the Finnish animal protection legislation is based on an animal welfare paradigm, meaning that animals have a weak legal status compared to humans that makes it impossible to de facto balance human and animal needs and interests in an effective manner from an animal point of view. The weak legal status of animals in the hierarchy of norms in the Finnish legal system contributes to the continuation of the oppression and exploitation of animals. The Finnish Animal Rights Lawyers Society have therefore made a proposal to strengthen animals’ legal status by including animals in the Finnish Constitution (FC) by safeguarding animals’ certain fundamental rights, thereby providing tools for balancing of human-animals interests. This article focuses on the re-evaluation of animal protection from an animal and constitutional point of view.


2012 ◽  
Vol 34 (1) ◽  
pp. 1 ◽  
Author(s):  
Daniel Lunney

This essay on field mammalogy and research ethics presents my reflections on 15 years as a researcher sitting on an Animal Ethics Committee in New South Wales. It outlines the community debate on animal welfare and the ethics of research on animals, how government has responded, and how wildlife researchers can move forward in this arena. Three schools are identified within the animal protection movement: ‘animal welfare’ holds that it is legitimate to use animals as a resource, so long as that use is ‘necessary’ and the animal’s suffering ‘minimised’; ‘animal liberationists’ are likely to oppose most animal research; the ‘animal rights’ position is firmly abolitionist. The instruments that regulate research involving animals are examined, in particular the New South Wales Animal Research Act 1985, the Australian code of practice for the care and use of animals for scientific purposes, and Animal Ethics Committees. Examples of ethical dilemmas involving both native and non-native animals are discussed. The debate over animals in research will continue, and it is clear that far more can be gained by engaging in the debate than avoiding it. It is in researchers’ interests to publicly defend the essential role of science in conserving our native fauna, and to conduct our work within a well managed welfare framework.


2009 ◽  
Vol 20 (2) ◽  
pp. 41-58
Author(s):  
Nikola Janovic

The general idea of this text is to reflect biopolitical constitution of the society and its implications related to the issues of animal welfare. Since animal in biopolitical formation is technically reduced to an object - commodity for contentment of the industry and of the people needs - critical public advisories are calling from moral, ethical and legal standpoint for attention to the fact that is necessary to protect animals from the unnecessary exploitation. It is obvious that animal protection is evoking animal rights question. But in the last instance protection of animal rights is related to the nutritional dilemma of animal food use. Question is arising: does animal rights in particular also envisage change in food politics (abandonment of meat food use), what is for instance the extreme veg(etari)an option taking for granted? This challenge sent to the culture of all-food eaters is opening up new questions and dilemmas. First of all, there is a question linked to the right of men to choose his own nutritional option, and of course dilemma which is related to scruples about meat-eaters and their (non)ability to love animals.


2020 ◽  
pp. 1-13
Author(s):  
Deborah Cao

Abstract In discussions about nonhuman animal protection in China in recent years, one consistent theme is many people in China believe that animal welfare and the legal protection of animals are ahead of their time, and that animal welfare is a Western concept and practice, incompatible with Chinese culture. I argue that animal welfare is compatible with Chinese culture as seen through elements in Chinese traditional philosophy, imperial laws, and some idiomatic expressions in the Chinese language that are sympathetic toward animals. It is acknowledged that the realities in Chinese society have been very harsh as far as animals are concerned and much needs to be done in Chinese society to live up to some of the ideals espoused in Chinese culture and tradition. The grassroots animal protection efforts in China for the past ten years or so have been contributing positively and gaining traction in the right direction.


Animals ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 329
Author(s):  
Thomas B. Lund ◽  
Sigrid Denver ◽  
Jonas Nordström ◽  
Tove Christensen ◽  
Peter Sandøe

Background: The relationship between animal ethics orientations and consumer demand for meat with high standards of animal welfare, and the way this relationship plays out in different countries, is not well understood. Using pork as a case study, this comparative study aims to identify the animal ethics orientations that drive purchases of welfare meat in Denmark, Germany, and Sweden. Methods: Cross-sectional questionnaire data from representative samples of approximately 1600 consumers in each country were collected. A segmentation of pork consumers (using latent profile analysis) was carried out. Results: In all three countries, two subgroups were concerned about farm animal welfare: the first subgroup was driven by animal rights values; the second subgroup by animal protection values, where the main principle was that “it is all right to use animals as long as they are treated well”. Other consumer groups are less concerned about farm animal welfare and display little or no preference for welfare pork. Conclusions: In all three countries, dual demand for welfare pork exists. The findings of this study can be used, among others, to understand the marketability of enhanced welfare animal products and the potential for market-driven animal welfare improvements.


2021 ◽  
Vol 30 (3) ◽  
pp. 47-65
Author(s):  
Martin Dufala ◽  
Lenka Grešová

This article focuses on assessing whether the current Slovak legal framework provides animals with a sufficient level of protection against cruelty and maltreatment. Past and current Slovak legislation on animal protection was analyzed in light of the major animal welfare challenges that Slovakia faces today. Contrary to what the title of the study suggests, a different approach was chosen to strengthen the protection of animals – not through the concept of animal rights, but the concept of human rights to a favourable environment. In addition, the possibility of using the already existing environmental law legal instruments when the well-being of animal is threatened was discussed.


2020 ◽  
Vol 76 (2) ◽  
pp. 98-102
Author(s):  
DUYGU BAKI ACAR

The present study evaluated the demographics and knowledge of the dog owners regarding the importance of dog spaying/neutering and animal welfare in Afyonkarahisar Province. Therefore, the original questionnaires were prepared to evaluate the knowledge of dog owners/caretakers about dog reproduction, spaying of dogs, and stray animal welfare. The mean age of participants was 33, and 51.8% of responders were female and 48.2% were male. Most of the dogs (83.7%) were not spayed/neutered and spaying/neutering age was ≥ 2 years. Fifty-five per cent of owners had a dog for more than 5 years, and only 2% of dogs were obtained from a dog shelter. Most of the participants reported that municipalities should take more active roles and increase the number and quality of animal shelters. Adopting dogs from shelters, putting food and water containers on the streets for stray dogs, and promoting the awareness of people regarding animal rights and welfare were among the responses. There was a knowledge deficiency regarding the importance of spaying/neutering dogs, especially spaying females, and the reproductive characteristics of dogs that may cause an increase in the stray dog population and unwanted puppies. The results of this study revealed that the dissemination of accurate information to people is a crucial point in the welfare of both stray and owned dogs and controlling the overpopulation of free-roaming dogs.


2009 ◽  
Vol 17 (4) ◽  
pp. 289-304 ◽  
Author(s):  
Jessica Greenebaum

AbstractPurebred dog rescuers are doing their part to reduce the problems of homeless pets and pet overpopulation. The volunteers studied are doing the daily and invisible work of saving dogs. Because of their perception of the animal rights movement, however, they do not consider themselves part of the animal welfare or animal rights movement, nor do they care to be. Dog rescue organizations agree with academics and activist organizations on the cause of the problem of homeless pets and pet overpopulation, but they differ on the theoretical, political, and ideological solutions to the problem. This paper focuses on the disagreements between rescue workers, activists, and academics and asks whether there is a place for rescue workers within the larger animal protection movement.


2008 ◽  
Vol 13 (1) ◽  
pp. 181 ◽  
Author(s):  
David Glasgow

<p>A movement of activist ‘animal lawyers’ has recently arrived in Australia. This article contends that Australian lawyers have a significant role to play in advancing the animal protection cause. Part I discusses the philosophical foundation of the modern animal protection movement and describes the<br />important theoretical divide that splits it into animal ‘welfare’ and animal ‘rights’. Part II explains the Australian legal regime governing animal protection to show how the law acts as a site of exploitation. Part III explores the role of lawyers within the movement. It does this by appraising<br />the obstacles in the way of animal protectionism and exploring what makes an effective lawyer advocate. It then uses a case study of battery hens to demonstrate the valuable role lawyers can play to support the animal cause.</p>


Author(s):  
Mandy B.A. Paterson ◽  
Philip Jamieson

Abstract Although the sterilization of pregnant companion animals occurs regularly in private veterinary clinics and animal shelters, there is growing concern amongst veterinarians and animal welfare supporters about the appropriateness of carrying out this procedure. The ethical and legal perspectives of the procedure have not been widely discussed in the available literature. This paper aims to remedy this situation. It considers the sterilization of pregnant companion animals using four ethical frameworks: animal rights, utilitarian, relational and contractarian. The possible interests of all involved parties, including the animal itself, the unborn young, the veterinarian, shelter and clinic staff, and the wider community are included. Where the science on companion animals in this area is limited, the paper draws on science involving other species. The legal aspects are discussed with analogies to human abortion laws. The paper concludes by providing a framework that veterinarians and others can use when making ethical decisions.


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