Zusammenfassung der Ressource
Legislation
Anmerkungen:
- Legislation is the development, enactment and application of laws.
It is important for enforcement, education and encouragement.
- 19th Century Legislation
- Legally, animals were a man's property to dispose of as he wished.
- Martin's Act 1822
- First success
- Made in an offense for anyone (including the owner) to wantonly and cruelly beat,
abuse or ill treat any horse, mule, ass, ox, cow, heifer, steer, sheep or other cattle.
- Brought about the "Society for the Prevention
of Cruelty to Animals (1824)
- Powerful contacts lobbied Parliament to extend to legislation to a wider range of species,
increase penalties, ban animal baiting, require animals to be fed and allow licensed
knackers yards.
- When Princess Victoria became a patron, the royal prefix was added in 1837 (RSPCA).
- Successful policy of inspection
- Education and tactical prosecution
- Built up a huge body of knowledge to inform the public
- Very effective and powerful use of patronage.
- Battled with legal principle of what happened on private land was beyond the law
because of personal freedom.
- Significant legal development happened in this period
- Provision for the prevention of cruelty
- Included domestic animals in that protection
- Liability of 3rd party e.g. bosses who
demanded workers to abuse animals
- Established "causing unnecessary pain and suffering
- Legislation now had to cover more things:
- Vivisection
- Veterinary Practice
- Prevention of disease
- Wildlife protection
- Live animal exports
- Wild animals in captivity
- The Protection of Animals Act 1911
- Brought about by George
Greenwood (MP for
Peterborough)
- Consolidation and clarification of all the legislation since Martin's 1822 act
- Basis of current legislative framework
- Hypocrisy of noble aristocratic vs. lower class field sports still apparent..
Anmerkungen:
- "...chase a calf or a donkey either "till it is torn to pieces or "till it sinks from weariness , would be.. a cruel act.. do the same to a deer is a noble and royal sport"
- Wild animals are property of landowner who has property rights over them.
- Could not act to remove an animal when welfare is threatened until cruelty
had taken place and can be prosecuted.
- British Human Rights Act 1998
- Provides protection of owners to enjoy their property
- Lobbies for animals to change status from property to
sentient beings with their own rights.
- World's Trade Union (WTO)
- International, multilateral trading system in respect of goods, services and
intellectual property, dedicated to open, fair and undistorted competition.
- Cannot refuse imports of goods based on animal welfare in their production
- Potential to severely restrict developments of further
domestic/EU animal welfare law
- Treaty of Rome (1957)
- Promotes harmonious trade and economical policies to
increase European stability, standards of living and
Political relationships
- Requires member states to adapt their legislation to accommodate this aim.
- Includes European Acts on matters that effect all states e.g.
minimum standards for live animal transport.
- UK Law - Animal Welfare Act 2006
- marks a milestone in animal welfare legislation
- Brings together and modernises welfare legislation.
- Relating to farmed and non-farmed animals
- Relating to farm and non-farm animals
- Explicitly includes companion animals for the first time
- Introduces a duty on owners and keepers for any animals they
are responsible for
- All vertebrate animals
- Ensures the welfare of animals in their care
- For the first time enforcement can be taken even before
neglect has taken place - if there is a risk.
- Reduce animal suffering by enabling preventative action to be taken before suffering occur
and places a responsibility on owners.
- Deters persistent offenders by strengthening penalties and eliminating loopholes in the system
- Strengthens and amends current offences for animal fighting.
- Increases minimum age (12-16) for purchasing an animal.
- Prohibits pets and prizes to unaccompanied children under 16
- Bans mutilation of animals e.g. tail and ear docking
- Penalties
- Improvement notice
- Tells the owner what steps need to
be taken out to improve it and a time
limit.
- Criminal prosecution
- Wildlife and Countryside Act (1981)
- Legislative protection of wildlife in GB
- Prohibits the release of non-native species
- Restriction to killing and capture methods.
- Prohibits self-locking snares
- Prohibits use of live decoys
- Prohibits use of autonomic and
semi-autonomic weapons, artificial
lights and smoke
- Prohibits many forms of killing/taking wild
birds (e.g. crossbow and explosives)
- Veterinary Surgeons Act (1996)
- Management and training and regulation of veterinary professionals
- "No individual shall practice, or hold himself out as practising or as being prepared to practice, veterinary surgery
unless registered in the register of veterinary surgeons or supplementary veterinary register"
- Some exemptions are included:
- Treatment and operations on farm animals
- Administering medications under direction
- Amendments have altered the list of exemptions such as
allowing vet nurses to do some things
- Breeding and Sale of Dogs Act (1999)
- Aims
- Amend and extend certain enactments related to the
commercial breeding and sale of dogs
- Regulate the welfare of dogs kept in commercial breeding establishments
- Extend powers of inspection
- Establish records of dogs in
these etablishments
- Pet Animals Act (1969)
- Allows local authority to licence placing selling an animal
- It is illegal to sell animals to children under 16 in public places without a licence.
- Maintains the welfare of animals for sale
- A pet shop licence cost approximately £162
- Has not kept up to date with selling pets online.
- Dangerous Dogs Act (1991-1997)
- In response to a dog attack on a child
- Aim is to control "types" of dogs considered as dangerous
- Also aims to control dogs that is dangerously out of control
- Four dogs are prohibited in the UK
- Pitbull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasilerio
- It is an offence to own or keep any of those dogs unless it is on the Index of Exempted dogs.
- Dangerous Wild Animal Act (1976)
- Stops people keeping dangerous animals (i.e. big cats) as pets.
- Aims to ensure that where private individuals keep wild animals they do
so so that it does not risk the public
- Include most large herbivores, most large carnivores, fanged snakes, some birds and some reptiles
- Hybrids of domestic animals act
- Bengal cat is not deemed as dangerous
- Endangered species act (1976)
- Any specimen (plant or animal alive or dead) being imported
or exported or brought to any place must have documentation
to do so if it requires it
- Prohibits the trade of species that are threatened with extinction
- CITES
- Convention on International Trade of Flora and Fauna
- Introduced to deal with international concern about uncontrolled trade in
threatened plant and animal species
- Ensures the safeguard of these resources for the future.
- Currently protects more than 30000 species of animals and plants