ACCENTUATING THE POSITIVE

MIKE RADFORD

OF LAW AND LEGISLATION

• SIGNIFICANCE

• NATURE

• INVOLVEMENT

CRUELTY OFFENCE

• UNNECESSARY SUFFERING• STRENGTHS AND WEAKNESSES• DOES NOT DEFINE HOW ANIMALS

OUGHT TO BE TREATED• DOES NOT DEFINE HOW ANIMALS

SHOULD BE TREATED

THE IMPORTANCE OF SCIENCE

• CHANGES THE NATURE OF THE DEBATE

• HAS IMPLICATIONS FOR THE ETHICAL DEBATE

• THE MORE WE UNDERSTAND, THE GREATER THE RESPONSIBILITY

FIVE FREEDOMS1. Freedom from Hunger and Thirst - by ready access to fresh

water and a diet to maintain full health and vigour. 2. Freedom from Discomfort - by providing an appropriate

environment including shelter and a comfortable resting area.

3. Freedom from Pain, Injury or Disease - by prevention or rapid diagnosis and treatment.

4. Freedom to Express Normal Behaviour - by providing sufficient space, proper facilities and company of the animal's own kind.

5. Freedom from Fear and Distress - by ensuring conditions and treatment which avoid mental suffering.

TASMANIAN ANIMAL WELFARE ACT 1993

• DUTY OF CARE TO ANIMALS– A PERSON WHO HAS THE CARE OR

CHARGE OF AN ANIMAL HAS A DUTY TO TAKE ALL REASONABLE MEASURES TO ENSURE THE WELFARE OF THE ANIMAL

GERMAN ANIMAL WELFARE ACT 1998

Any person keeping, caring for or required to care for an animal:

1. must provide the animal with food, care and housing appropriate to its species, its requirements and behaviour;

2. may not restrict the animal's possibility of species-specific freedom of movement to such an extent as to cause the animal pain or avoidable suffering or harm;

3. must possess the knowledge and skills necessary for providing the animal with adequate food, care and housing in accordance with its behavioural requirements.

EU DIRECTIVE ON THE PROTECTION OF ANIMALS

KEPT FOR FARMING PURPOSES 1998

Member States shall make provision to ensure that the owners or keepers take all reasonable steps to ensure the welfare of animals under their care

NEW ZEALAND ANIMAL WELFARE ACT 1999

Obligation in relation to physical, health, and behavioural needs of animals:

The owner of an animal, and every person in charge of an animal, must ensure that the physical, health, and behavioural needs of the animal are met in a manner that is in accordance with both— (a) good practice; and (b) scientific knowledge.

QUEENSLAND ANIMAL CARE AND PROTECTION ACT 2001

Breach of duty of care prohibited

(1) A person in charge of an animal owes a duty of care to it.

(2) The person must not breach the duty of care

ENGLISH ANIMAL WELFARE ACT 2006

Duty of a person responsible for an animal to

ensure welfare A person commits an offence if he does not take

such steps as are reasonable in all the circumstances to ensure that the needs of an animal for which he is responsible are met to the extent required by good practice.

ENGLISH ANIMAL WELFARE ACT 2006

For the purposes of this Act, an animal’s needs should be taken to include –

(a)Its need for a suitable environment(b)Its need for a suitable diet(c)Its need to be able to exhibit normal behaviour patterns(d)Any need it has to be housed with, or apart from, other

animals, and(e)Its need to be protected from pain, suffering, injury and

disease

ONTARIO PREVENTION OF CRUELTY TO ANIMALS ACT

2008

Standards of care for animals

Every person who owns or has custody or care of an animal shall comply with the prescribed standards of care with respect to every animal that the person owns or has custody or care of.

NORWEGIAN ANIMAL WELFARE ACT 2009

The intention of this Act is to promote good animal welfare and respect for animals.

§ 3. General requirement regarding the treatment of animals Animals have an intrinsic value which is irrespective of the usable value they may have for man. Animals shall be treated well and be protected from danger of unnecessary stress and strains

• The State encourages units, individuals and organizations to take measures to guarantee the basic physical and psychological needs of animals and work gradually to improve their welfare.

DRAFT ANIMAL PROTECTION LAW OF THE PEOPLE’S

REPUBLIC OF CHINA (2009)

“ “WE CAN’T CHANGE THE WORLD, BUT WE CAN’T CHANGE THE WORLD, BUT WE CAN MAKE A DIFFERENCE”WE CAN MAKE A DIFFERENCE”

PEN FARTHINGPEN FARTHING

BUT…BUT…

IF ENOUGH OF US MAKE A IF ENOUGH OF US MAKE A DIFFERENCE, THEN WE DIFFERENCE, THEN WE CANCAN CHANGE CHANGE THE WORLD…THE WORLD…

AND SLOWLY, GRADUALLY, BUT AND SLOWLY, GRADUALLY, BUT DEMONSTRABLY, WE ARE.DEMONSTRABLY, WE ARE.

THANK YOU – FOR LISTENING, BUT ESPECIALLY FOR WHAT YOU HAVE DONE, WHAT YOU CONTINUE TO DO, AND WHAT YOU WILL DO IN THE FUTURE.

THINK POSITIVE – THINK DUTY OF CARE!