4 - Improving Animal Welfare through Legislation and Incentives

Question 1

“A law or set of laws suggested by a government and made official by a parliament”.

Answer 1

Legislation

Question 2

reflects the ethical concerns of a society and tends to evolve with the growing findings of animal welfare science.

Answer 2

Animal Welfare Legislation

Question 3

a specific rule made within a community, by those in authority.

Answer 3

law

Question 4

used as the sum total of the individual rules and to legislate is to make rules

Answer 4

law

Question 5

a specific rule or body of rules made within a community by those in authority

Answer 5

statute

Question 6

any act which contravenes rules

Answer 6

Offence

Question 7

the rule or group of rules relevant to a particular topic

Answer 7

legislation

Question 8

person or body bringing an action in a court of law

Answer 8

Plaintiff

Question 9

a person accused of an offence in a court of law

Answer 9

defendant

Question 10

apply only to the relevant state where they are passed

Answer 10

State Laws

Question 11

laws which apply across the country.

Answer 11

Federal Laws

Question 12

local laws which are created and enforced locally

Answer 12

By-laws

Question 13

means the initial document outlining the law

Answer 13

Primary legislation

Question 14

gives more detailed provisions about the subject than those contained within the primary legislation.

Answer 14

secondary legislation

Question 15

This tends to be developed following repeated debates in the national legislative body. It is used to create federal or state laws.

Answer 15

Primary Legislation

Question 16

It is more readily amended (as it does not have the same need for prolonged debate), so is seen as more flexible than primary legislation, which can take many years to pass. Infringement of this law usually constitutes an offence.

Answer 16

Secondary Legislation

Question 17

guidelines written specifically for those who need to comply with the legislation.

Answer 17

Guidance documents and codes of pratice

Question 18

may be secondary legislation, but this will depend on the terminology used in that country

Answer 18

Regulation

Question 19

Why is the law Protecting Species has small significance, generally?

Answer 19

Because it does not regard to the welfare of the animal being sentient. Without sentience being recognized, the penalty for committing the offence is likely to be minimal.

Question 20

What is the law that prohibits actions involving animals such as fighting (e.g. dog-fighting, bull-fighting, etc.), fox hunting, using animals in circuses, etc.

Answer 20

Banning activities

Question 21

Why is Prohibiting Cruelty may not be beneficial to the animals?

Answer 21

When an animal suffered violence/cruelty, suffering must be proven which causes confusion since there is a degree of cruelty to different individuals.

Question 22

Explain how Controlling Methods for Reproduction becomes a useless law for animals.

Answer 22

Controlling methods are just the bare minimum standard that prohibits what could be the worst for the animals. Therefore, owners do not improve the conditions for the animals (environment, resources) but just do minimally.

Question 23

these laws tend to be prescriptive (i.e. state what a person must do) and so require positive action for the particular animal, usually specifying minimum standards of care.

Answer 23

Improving Animal Welfare

Question 24

Laws of this nature state positive actions that must be taken for those animals in order to improve or set standards for their general welfare.

Answer 24

Improving Animal Welfare

Question 25

This kind of legislation is not designed to improve the situation for animals, so it might allow the use of poisons, traps, snares, etc. While it is legislation regarding animals, it is not passed with helping animals in mind

Answer 25

Improving public health

Question 26

passed regarding animal health in order to prevent the spread of diseases; regulations that are put in place are related to animals, their purpose is normally always to benefit humans – it is to stop the spread of diseases which affect animals that are farmed or consumed by people

Answer 26

Improving Animal Health

Question 27

does not apply to farmed animals, birds or rodents

Answer 27

USA federal Animal Welfare Act 1966

Question 28

defines ‘animal’ as any horse, mare, gelding, bull, cow, ox, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, ostrich, dog, cat, or any other domestic animal, fowl or bird and includes any wild animal in a state of captivity

Answer 28

Botswana’s Cruelty to Animals Act 1936

Question 29

applies to any living creature other than a human being

Answer 29

India’s Prevention of Cruelty to Animals Act 1960

Question 30

it covers “all species of domestic animals and wild animals maintained in captivity”

Answer 30

Peru’s Law No. 27265

Question 31

known as mens rea

Answer 31

guilty mind

Question 32

a person can be found guilty of an offence without the necessary ‘guilty mind’

Answer 32

‘strict liability offences’

Question 33

to cause an animal to suffer.

Answer 33

deliberate intent

Question 34

Briefly explain.
“Legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.”

Answer 34

It is an exempt from legal concern by virtue of their traditional status to the protocol and protection of animals such as not using pain relief for
routine surgical procedures such as castration, and using nose rings to control buffalo.

Question 35

Give at least two weaknesses in legal protection.

Answer 35

Refer to your handout.

Question 36

Give three examples why animal protection legislation are not enforced in some state/country.

Answer 36

a. lack numbers of enforcement personnel provided with adequate training and equipment
b. need to have suitable facilities to house animals and funds to
provide adequate veterinary care
c. If the enforcement body for a law also has a mandate to assist those policed, the impetus to enforce the legislative requirements may be lost.
d. limited powers of enforcement personnel (such as the authority to enter property, to stop and search suspects)

Question 37

obliges countries to treat imported goods and locally produced goods equally

Answer 37

Article III of GATT

Question 38

Acronym for GATT

Answer 38

General Agreement on Tariffs and Trade

Question 39

Give the economic pressures which might limit animal welfare enforcement.

Answer 39

a. the insufficient availability of enforcement personnel
b. the high cost of veterinary bills to treat sick or injured animal(s) who are part of the prosecution
c. the high fees for boarding the animal(s) while the matter goes to court if they have not been re-homed
d. high cost of legal action

Question 40

Briefly give the six features of model animal welfare law.

Answer 40

a. All sentient animals should be protected by the law.
b. The law should be clearly written - outlining the offences and how these are breached so that it is easily understood by the public and those in industry alike.
c. The law should be prescriptive, comprehensive and coherent, laying down what must be provided for each species as identified by scientific research.
d. The law should be easy to amend in line with scientific or other developments
e. The law should have the highest legal status, making it possible to convict anyone who contravenes it.
f. Enforcement of the law should be the clear responsibility of a body which has been given sufficient powers and adequate funds to be able to carry out this role.

Question 41

non-regulatory methods that can help improve animal welfare

Answer 41

a. Public Education
b. Government-funded research