ANIMAL PROTECTION LAW Is it working? Dominique Thiriet
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What do these have in common?
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Under the law they are both items of property
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What does it mean in practice?
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Does the law protect animals rights?
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Does it protect animals welfare?
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Animal Care and Protection Act 2001 (Qld) Section 18: Animal
cruelty prohibited (1) A person must not be cruel to an animal. (2)
a person is taken to be cruel to an animal if the person (a)causes
it pain that, in the circumstances, is unjustifiable, unnecessary
or unreasonable;
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How do we decide whether pain is necessary, justifiable or
reasonable? Consider whether purpose and means are legitimate
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Case study Pigs
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Pigs as companions Photo:
http://www.oneinchpunch.net/2007/02/14/its-2007-the-year-of-the-pig-top-10-reasons-why-pigs-make-great-pets/
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Feral pigs (2) It is an offence exemption (a) if the act is
done in a way that causes the animal as little pain as is
reasonable; and (b) the control complies with any conditions
prescribed under a regulation. Section 42, Animal Care and
Protection Act 2001 Photo: NSW DPI
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Laboratory pigs Particular justification must be given for
potentially severe or ethically contentious procedures. For
example: unrelieved pain and distress including where the planned
end-points will allow severe adverse effects to occur Section
2.2.16 (xi)- Australian Code of Practice for the Care and Use of
Animals for Scientific Purposes. Photo: US Naval Medical Research
Centre
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Pigs as food For 10 years after endorsement of the Code, a sow
must not be confined in a stall for more than six weeks of any
gestation period. Section 4.1.5 - Model Code of Practice for the
Welfare of Animals Pigs (2008) Photo: farm sanctuary.org
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Pigs as food This procedure should not be routinely required
Section 5.6.11 - Model Code of Practice for the Welfare of Animals
Pigs (2008) Photo: Animals Australia
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Pigs as food Surgical castration of male pigs older than 21
days must be performed under anaesthesia... Section 5.6.2 - Model
Code of Practice for the Welfare of Animals Pigs (2008) Photo:
Animals Australia
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What is the law really protecting? Photo: Animals
Australia
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Does the law need to be reformed? Change legal status of
animals Consistent treatment Fewer exceptions Stronger
penalties
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Want to know more? Legislation Animal Care and Protection Act
2001 (Qld)Animal Care and Protection Act 2001 (Qld) Government
information
http://www.daff.qld.gov.au/27_125.htmhttp://www.daff.qld.gov.au/27_125.htm
Books Peter Sankoff and Steven White (eds), Animal Law in
Australasia (Federation Press, 2009) Deborah Cao, Katrina Sharman,
Steven White, Animal Law in Australia and New Zealand (Thomson,
2010) Steven Wise, Rattling the Cage Towards Legal Rights for
Animals (2000, Perseus Publishing) Advocacy
http://www.voiceless.org.au/http://www.voiceless.org.au/ Humane
learning and conscientious objection for school/university students
http://www.humanelearning.info/http://www.humanelearning.info/
