Animal Welfare An ethical constitutional aim of a state and its impact on the judiciary Dr. iur. Gieri Bolliger Foundation for the Animal in the Law (TIR)

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Presentation transcript:

Animal Welfare An ethical constitutional aim of a state and its impact on the judiciary Dr. iur. Gieri Bolliger Foundation for the Animal in the Law (TIR) Brussels, 12/13 June 2012 Conference Enforcement of European Animal Welfare Related Legislation

Animal Welfare Standard animal welfare as a basic value of modern states moral postulate vs. binding law animal welfare regulations: significantly diverging national levels  challenge of implementation constitutional animal welfare as a strong pillar

Switzerland single animal welfare aspects in constitution since : animal welfare as state matter with obligation to legislate 1981: Animal Welfare Act 1992: „dignity of creature“ including all animals 2003: dignity of creature implemented in Genetic Engeneering Act 2008: dignity of animals implemented in Animal Welfare Act

Value of ethical constitutional aims symbolic character, clear confession official state goal obligation to political, institutional and legal development ‚equality of weapons‘ with other basic rights increase of legal protection and inforcement of animal welfare rights

Switzerland single animal welfare aspects in constitution since : animal welfare as state matter with obligation to legislate 1981: Animal Welfare Act 1992: „dignity of creature“ including all animals 2003: dignity of creature implemented in Genetic Engeneering Act 2008: dignity of animals implemented in Animal Welfare Act

Consequences for legislation and jurisdiction regulation: well-being and dignity prohibition of zoophilia prohibition of doping use for animals prohibition of postal delivery of animals ban on dolphin import judgement: 2009: monkey experiments – disregard of dignity database on penal cases concerning Animal Welfare Act:  (German)

Thank you for your attention! Stiftung für das Tier im Recht (TIR), Zürich (CH) –