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According to the law, the well-being and dignity of creatures must be protected. But there are important limitations.
Why is? An animal torture trial against a farmer in Hefenofen/TG is currently making headlines throughout Switzerland. According to the indictment, the man kept his animals in areas that were far too small, massively neglected them, badly fed them, withheld medical help from them and sometimes abused them. The allegations relate to various animal species that the accused kept on his large farm: from horses and cattle to sheep and dogs. If the allegations are correct, the man has massively violated animal protection regulations. Because animals have rights too.
What’s the law? The well-being and dignity of creatures must be protected – this is what the Swiss Animal Welfare Act aims to do. Science defines exactly what is meant by “well-being”: What does an animal in the care of humans need so that it can lead a reasonably healthy life? “This includes nutrition, exercise, protection from the weather and social needs,” explains law professor Margot Michel from the University of Zurich. The “dignity of the animal” in turn starts from the concept that the animal has its own intrinsic value – and not just a purpose for humans.
What does “purpose of use” mean? “The Animal Welfare Act still uses the term ‘purpose’, although after the introduction of the term ‘dignity of the creature’ it is very difficult to justify it,” says Michel. The “purpose” is based on a very old concept of animal welfare, according to which the animals are to be protected from pain or suffering – if the pain or suffering is “unnecessary” or “unjustified”. And what is specifically “unnecessary” or “unjustified” is defined by the “purpose of use”: “Animals are primarily seen in the context of their intended use, within which they must be protected as far as possible,” says Michel.
Even today’s animal protection law is still very much geared towards human interests – and not just towards the interests of the animals.
What does that mean specifically? The Animal Welfare Act divides animals into different categories, which are defined according to their relationship to humans and the intended use of the animal by humans. For example, pets (pets), farm animals, laboratory animals or wild animals. “Depending on whether a rabbit is kept as a wild, pet, experimental or livestock animal, other protection rules can apply,” says Michel. The level of protection of an animal changes accordingly – depending on its purpose. “Even today’s animal protection law is still very much geared to human interests – and not just to the interests of the animals,” the lawyer notes. Because a rabbit actually has the same needs, regardless of whether it is kept as a pet or as an experimental animal.