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1.
With the introduction of Art. 20 a GG in August 2002 the moral thought of animal protection has become a constitutional principle. Now an accommodation between animal protection on the one hand and with religious freedom (undisturbed practice of religion), the right to free development of personality and the right to free choice an practice of an occupation on the other hand has become necessary. If somebody is able to substantiate a claim because of compelling religious reasons, the appropriate authority has still to grant him a certificate of exemption for ritual slaughtering pursuant to paragraph 4 a Abs. 2 Nr. 2 animal-protection-act. The following text tries to explain the conditions precedent to get a permission in detail. The author affirms, that the authorities are bounded by the law. Veterinarians as appropriate authorities are not allowed to turn downed an application on reasons of conscience.  相似文献   

2.
During the process for a permission of ritual slaughter, regulated by paragraph 4a (2) no.2 Animal Protection Law, the licensing authority has to weigh carefully, because there are different rights in the constitutional law. Ritual slaughter contradicts religious liberty and animal protection so it is necessary to find a balance. Demands on requests for ritual slaughter as well as rudiments for verification and notification are described and aspects of animal protection during ritual slaughter without stunning methods are demonstrated.  相似文献   

3.
A report is given on history and procedures of ritual slaughter from the point of view of a Moslem representative. The term sacrifice and the religious meaning of the offering feast are explained on the basis of the Abrahamian tradition. The social aspect of ritual slaughter is that two thirds of the slaughtered animal are given to the poor or served as meal to guests and relatives. One third is saved for the own family only. The Islamic religion acknowledges the responsibility of man for animals as creatures of god whose life and well-being have to be protected, nobody is allowed to subject animals to pain, suffering and damage without a sound reason. The ritual slaughter aims at complete debleeding. Blood is symbol life and soul and the breath of life. It must leave the body completely before consumption because it is not allowed to eat animals alive. Electric stunning is allowed if the animal is unconscious and not dead. The consumption of dead animals is forbidden by religion. It is recommended to introduce more veterinarian expert knowledge in the discussion.  相似文献   

4.
The use of pharmaceutical acting substances in animals for food purposes is restricted by many regulations. The intention of these regulations is the protection of consumers. Under this circumstances a limitation of therapy options can be stated, which is described with the term "Therapeutical Emergency" and can cause animal welfare problems. It is investigated whether pharmaceutical regulations or animal welfare regulations have priority in case of emergency for health and life of an animal. It is discussed whether the various orders by competent authorities to kill an animal under food protective regulations can prove a "reasonable" cause under paragraph 17 of the German animal welfare law.  相似文献   

5.
In a first trial the cortical activity of cattle and sheep was tested using only an electrocorticogram (ECoG). The results showed a shorter phase after sticking or the ritual slaughter cut respectively, until the ECoG disappears in stunned animals. However, considering the time between stunning and the cervical state, the interval until disappearance of the ECoG was prolonged in the stunned animals. The observed time differences, however, are only a tendency and not statistically confirmed. Insofar, concerning animal protection, the different slaughter methods could be regarded equivalent. A second trial was designed in a manner to allow a more exact interpretation of the ECoGs and was completed by measuring visually and somatosensorically evoked potentials. Additionally, in contrast to the first trial, only adult cattle were used here. The results revealed shorter intervals until disappearance of cortical activities when using captive-bolt stunning. Also the variance was much lower in this trial than after ritual slaughter. The mean of the time differences was relatively low (5.5 seconds). It was especially remarkable that after captivebolt stunning absolutely no evoked potentials could be registrated, whereas these potentials lasted for 77 seconds (somatosensorically evoked potentials) and 55 seconds respectively (visually evoked potentials) after the ritual slaughter cut. Thus, after ritual slaughter a nervous conduction was measured up to 126 seconds in the extreme cases. However, from the results obtained it can not be concluded whether or not pain sensitivity occurred in the animals.  相似文献   

6.
For many years animal welfare aspects of slaughtering were not discussed. But in the last ten years the research has much increased in this field. The new knowledges will be taken in account in national and european legislation. The question if ritual slaughtering without pre-slaughter stunning has to be allowed, was answered by the amendment of the Animal Welfare Act: This form of slaughtering is now only allowed in the context of constitutional guaranteed religious liberty.  相似文献   

7.
Killing of a vertebrate animal in Germany is allowed or not punishable only if a "reasonable cause" can be identified (Article 17 No. 1 TierSchG). A legal definition of the term "reasonable cause" does not exist. Currently the following definitions of the "reasonable cause" for the killing of equids are accepted: 1. Slaughter (in accordance with the equid pass and waiting periods) reasonable cause: Food production, initiated by the owner's desire. The requirements for slaughter of a sick animal or an emergency slaughter are defined through EU-legislations. 2. Euthanasia (in its original meaning) Reasonable cause: a) Compassion, initiated through medical indication b) scientific purposes (experimental animals) initiated through governmental authorization of a research request c) Epidemiological reasons initiated through veterinary legislative measures. According to the law for the protection of animals (TierSchG) "non curable pain or suffering" is a prerequisite for the killing of an animal because of a medical indication. Presuming an adequate knowledge base of the veterinarian this should leave enough room for an adequate medically reasoned decision. However, both a faulty veterinary explanation of a reasonable cause and an undue delay of the euthanasia (follow Article 17) can lead to an illegal punishable act (severe pain or suffering). Examples of veterinary medical indications for euthanasia will be presented. In addition, the question whether euthanasia can be considered as an alternative to treatment will be discussed. Finally, the more restrictive interpretations of the "reasonable cause" put forth by insurance companies will be explained. Future higher court decisions should lead to an adaptation of the insurance companies' interpretations of the "reasonable cause" to the outline presented above.  相似文献   

8.

This research aims to understand the prevalence of religious slaughter practices in Italy. Two different ways of slaughtering animals are identified. Conventional slaughter is performed with prior stunning; kosher slaughter is practiced without stunning. Halal slaughter is performed for most animals without stunning. Halal slaughter with prior stunning is acceptable for 5.90% of small ruminants. For Halal slaughter in Italy, the terms “religious slaughter with stunning” and “religious slaughter without stunning” should be used to differentiate religious slaughter practices, keeping animal welfare in perspective.

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9.
The new Directive 2010/63/EU on the protection of animals used for scientific purposes causes a need of several changes in German animal welfare law. On the basis of the regulations in the Directive, adjustments of the existing notification procedures are unavoidable. The Directive includes provisions for a simplified administrative procedure which differs significantly from the existing notification procedures. In any case, an application process will be required for projects in the meaning of the Directive. This contribution comments on the conceivable changes of the existing notification procedure. The implementation of the provisions of the Directive into national law has to be done near-term as the Directive is applicable from January 1st 2013. In advance, political and legal procedures must be passed through, the adapted regulations are to be notified by the European Commission and last but not least the authorities and user establishments must have enough time to implement the necessary changes.  相似文献   

10.
The latest amendment of Art. 20a GG dates from August 1st 2002. With this amendment the moral thought of animal protection has become a constitutional principle. The following text tries to explain the consequences of this amendment for the legislation, the administration and the jurisdiction in Germany. It ist to be expected that the new Art. 20 a GG will not lead to an expansion of specific legislation. However, the powers of administration and jurisdiction might be strengthened, especially as far as the freedom of research, the freedom of science and the religious freedom are concerned.  相似文献   

11.
The article looks at the legal situation concerning the permission for commercial activities with animals due to Article 11 par. 1 no.3 (d) of the German Animal Welfare Act, in particular in combination with activities at changing places. Regardingly the German legislator has recently (especially since 1998) started to approach the problems of animal welfare by adopting specific regulations, e. g. by enacting an obligation to inform the authority of the planned change of place of activity. Currently the legislator discusses an extension of the enabling act for an ordinance by the Federal Government on the central register for circusses. Standardized data collection and transmission shall contribute to an effective control of the companies' compliance with animal welfare law. Article 11 par. 2a of the German Animal Welfare Act is an important regulation concerning activities at changing places. It allows to combine the permission with time limits, conditions and impositions of duties. Such collateral clauses can be set down to keep an animal stock book or--in a wider sense--a documentation of the company's activities to guarantee an effective control by the authority. In the case of American rodeo shows it is to mention that collateral clauses to introduce more animal welfare are imposed by the local authorities responsible for the area where the shows will take place rather than by the authority which actually has given the permission. The authorities have to distinguish subsequent collateral clauses or directives on one hand and the revocation of the permission on the other hand, since in this case the requirements are more strict. The recent preliminary judicial decisions of the administrative courts concerning this legal problem are contradictory so that they cannot serve as a guideline for the authorities.  相似文献   

12.
Animal experiments on non-human primates give cause for ethical concerns for three reasons (1) the inclusion of "ethical animal protection" in the German Constitution (Article 20a of the "Grundgesetz" GG, 2002) has led to real consequences for the application process with respect to the use of primates for fundamental research; (2) the legal requirements in Europe to ensure animal welfare are currently being tightened and (3) the global problem of the protection of species, especially with respect to the capturing and subsequent sale of primates is still unsolved. As a result of the way humans interpret the term justice (the principle of equality) it was to be expected that great apes, being the animals that most closely resemble humans, would play a key role in the establishment of animal protection laws. In 1997,Great Britain and Ireland made it illegal to conduct experiments on great apes. In 1999, New Zealand went even further and created a kind of basic rights for great apes. In 2003,The Netherlands forbade animal experiments using great apes as did Sweden, which also included gibbons in this ban (which is in line with current taxonomy, which considers gibbons to belong to the family Hominidae). In 2006 Austria forbade experiments carried out on chimpanzees, bonobos, gorillas, orang-utans, and gibbons. Only recently, a state commission on ethics in Switzerland demanded that the Swiss government do the same. And the summer of 2006 saw a debate in Spain on the inclusion of the protection of great apes in the primary goals of the state. Due to the principle of equality, a further extension (both geographically and systemically) of the exclusion of great apes from animal experiments is to be expected. Since Article 20a GG on "ethical animal protection" came into effect on August 1,2002, the regulatory authorities in Germany have the right to independently check and control animal experiments as to their ethical tenability (Administrative Court Giessen, confirmed by the Administrative Court of the State of Hessia) i.e. an authorization for experiments in the area of fundamental research may only be given by the authorities if the "ethical tenability" (according to Section 7 paragraph 3 of the German Law on Animal Welfare) is given. The "ethical tenability" of fundamental research experiments follows other rules than those that pertain to applied research. Fundamental research is granted a low to mid-level tolerance of pain and suffering as being ethically tenable; not tenable are stronger or very high doses of pain and suffering. Actually in summer 2006, a proposal for fundamental research using mon-  相似文献   

13.
The Government recently announced that it intends to reject a recommendation by the Farm Animal Welfare Council that all animals should be stunned before slaughter (see VR, April 10, p 446). In this Viewpoint article, Dr Stuart Rosen discusses physiological aspects of Shechita, the Jewish method of religious animal slaughter. He outlines the religious context and describes the act of Shechita. He discusses the scientific literature on the behavioural responses to Shechita as well as neurophysiological studies relevant to the assessment of pain, and concludes that Shechita is a painless and humane method of animal slaughter.  相似文献   

14.
Since the last report there have been major revisions of laws and ordinances. Deliberations on rules of Community law were also continued. On national level, the Act on the Shoeing of Horses amending the Animal Welfare Act and amendments of animal welfare provisions as well as the Deregulation Act were prepared, some of which have meanwhile entered into force. At legislative level, the work on the ratification laws for the Council of Europe conventions (Strasbourg) was concluded in order to enable Germany to adopt the revisions.They include (1) the European Convention for the protection of animals used for experimental purposes and (2) the European Convention for the protection of animals during international transport. At the level of ordinances, the amendment and extension of the Animal Welfare -Farm Animal Husbandry Ordinance are of vital importance for the sections on pig farming and laying hen husbandry. Another section refers to the husbandry of fur animals, on which an ordinance has been submitted to the Bundesrat (German upper house of Parliament). Deliberations on this issue have been adjourned. Drafts of a circus register were prepared to amend the Animal Welfare Act and to adopt a separate ordinance, and they are being discussed with the federal states and associations. Previously,the rules of Community law in the area of animal welfare were adopted as EC directives which the member states had to transfer in national law. This was done by incorporating them into national laws or ordinances, with non-compliance having to be sanctioned. It is the member states' responsibility to establish sanctions. Yet the Commission has introduced a directly operative animal welfare legislation by adopting EC Regulation 1/2005 on the protection of animals during transport. This means that a national implementation is not required. Nevertheless, the establishment of sanctions continues to be the responsibility of the member states. A special authorisation by the legislator is required to be able to impose sanctions based on directly applicable EC law. This is done via the already mentioned Act on the Shoeing of Horses and amendment. To establish sanctions for this Community legislation, a "Sanctions Ordinance" is currently being discussed by the different departments. This way, a link between directly applicable Community legislation and national sanctions is established. At EC level there are currently discussed (1) the "Animal Welfare Action Plan", (2) a draft directive laying down minimum rules for the protection of chickens kept for meat production and (3) preparations for a revision of the directive on the protection of animals used for experimental purposes have become known due to the preparation of a related impact assessment. At the level of international law, the Council of Europe has concluded its work on Annex A of the convention for the protection of animals used for experimental purposes. With regard to the European Convention for the protection of animals kept for farming purposes, the deliberations on fish and fattening rabbits are being continued. There is a discussion on the technical details of the Transport Convention. Since the first animal welfare conference of the International Office of epizootics (OlE) in February 2004 in Paris, two very comprehensive codes on slaughter of animals and on animal transport were adopted.The inclusion of further animal welfare issues into the OIE work programme will be discussed in the next future.  相似文献   

15.
The results of an examination of 10 animal shelters was, that anyone was unical. The everyday and fundamental problems in administration, housing animals and animal care were the same: Most of them employ laity, which do their job with a lot of commitment but without knowledge. Therefore they come into conflict with the demands of animal protection. Veterinary surgeons, responsible authorities and communities are strongly asked to take steps against the situation. The reason for the fact, that such steps are missed, is, that there is no guideline or recommendation available for these persons, which handles animal shelters relative to "animal justice" and the right housing of animals. The results of the survey helps to make a guideline for animal home owners and builders, veterinary surgeons, veterinary authorities and communities, which gives suggestions to build, equip and run animal shelters for cats and dogs responsible regarding the individual circumstances and in the best way for animals.  相似文献   

16.
Studies were made of the behavioural and physiological reactions of cattle undergoing ritual slaughter in the Weinberg holding pen, in which the animal is inverted, and in the American Society for the Prevention of Cruelty to Animals (ASPCA) pen, in which the animal is standing. Behaviour was analysed with reference to the duration of the slaughter procedures by recording activities on an ethogram. Blood samples taken at slaughter were analysed for cortisol levels and haematocrit, and intramuscular pH was measured 45 minutes and 24 hours after slaughter. A wide range of activities was displayed in the ritually slaughtered cattle and these were particularly pronounced in the Weinberg pen. The mean time spent in the Weinberg pen was eight times longer than the time spent in the ASPCA pen. The cortisol and haematocrit values of cattle slaughtered in the Weinberg pen were significantly greater than those of cattle slaughtered in the ASPCA pen or cattle slaughtered conventionally. The results indicate that animals in the Weinberg pen experienced more stress than those in the ASPCA pen.  相似文献   

17.
1. To ascertain serious pains and sufferings in the meaning of section 17 no. 2 b law of prevention of cruelty to animals you cannot do without the help of an expert witness for taking possession of evidence--apart from simple cases. Except the clarifying of fundamental questions concerning prevention of cruelty to animals a professional statement of the administrative veterinary surgeon will be as a rule sufficient. 2. For the actual seizure of animals for the purpose of confiscation and compulsory disposal the criminal justice is extremely dependent on the support of the authorities of administration. Therefore a trouble-free cooperation of criminal justice, veterinary authorities, animal homes and--concerning the protection of species--authorities for protection of endangered nature is imperative. 3. The main problems with the application of the regulation concerning the interdiction of keeping animals according to sections 20 and 20 a law of prevention of cruelty to animals are justified in the legal prerequisites. It is unsatisfactory that an interdiction of keeping animals cannot be imposed by summary punishment order and that a confiscation of animals is not possible by criminal proceedings in case of offence against sections 20 subsection 3, 20 a subsection 3 law of prevention of cruelty to animals. Therefore an admission of the sections as mentioned above to section 19 law of prevention of cruelty to animals seems to be convenient.  相似文献   

18.
Before its broad application in practice, housing equipment should be tested, in particular with regard to animal welfare. The differing positions of the German Federal Council (Bundesrat) and the German Federal Parliament (Bundestag), whether such testing should be mandatory or voluntary, have been conciliated in the amended animal welfare act by empowering the Federal Ministry of Food, Agriculture and Fisheries (BML) to fix official standards for voluntary testing procedures by regulation. On request of the BML, a report as scientific basis for a draft regulation is currently prepared by the scientific animal welfare committee of the German Agricultural Society (DLG). The scientific animal welfare committee has been appointed by the DLG in order to provide support in the effort to strengthen animal welfare aspects in the DLG-utility testing procedure of housing equipment, which is in place since 1953. The committee elaborates standards concerning testing methods, assessment criteria and the necessary size of investigations. As required, the scientific animal welfare committee may support the DLG-testing bodies in the implementation of the animal welfare part of the testing procedure. It will, moreover, be involved in the welfare assessment based on the testing results. The amendments of the already established testing procedure will help to fulfill the general requirements on an acceptable animal welfare testing procedure. While keeping in mind that there are certain limits in what can be achieved by a voluntary testing procedure, the enhanced consideration of animal welfare aspects within the DLG-utility testing procedure has the advantage to be relatively unbureaucratic and in line with EU legislation, and is, therefore, an appropriate tool for a contibrution to improved animal welfare in livestock housing.  相似文献   

19.
The article surveys the development of legislation to the slaughtering of warm-blooded animals in Germany since 1933. It examines the ritual slaughtering of the Jews (Schechita) on the one hand, and of the Moslems (Dabh) on the other hand. While 1933 the legislation was coined by the political situation, after 1949, legal setting and decisions reflected the changing sensibility to animals' protection. Before 1945, Schechita was the matter of legal dispute, more recently, the discussion has centred on the ritual slaughtering of the Moslems, with different arguments. The "Law on the Slaughtering of Animals" of 21-04-33 was part and parcel of the Third Reich's policy against Jews implicating a nation wide practical inhibition of Schechita by decreeing a general obligation of stunning before slaughtering. In 1945, the inhibition of Schechita became invalid after the occupation of the Reich by the Allied Forces. For the first time, the "First Amendment to the Animal Protection Law" of 1986 permitted ritual slaughtering by the way of exception as long as it was covered by the religious obligations. In 1995 the Federal Administrative Court judged that an inhibition of the ritual slaughtering by Moslems could be possible, because there are no religious obligations for Moslems. Nowadays, the ritual slaughtering of the Moslems is, de facto, forbidden, Schechita is performed in some cities for the needs of the residential Jewish population.  相似文献   

20.
Enforcement of paragraph 11b of the German Animal Welfare Act is a responsibility of breeders and their organisations as well as executive local authorities. The Report on Defective Breeds of the Federal Ministry of Agriculture describes numerous breeding traits which are in conflict with animal welfare and gives valuable information for fancy or pet breeding. Yet a selection has to be made for taking legal actions, following specific criteria. With four examples different cases are presented, each requiring a different approach by the veterinarian authorities. Court decisions in Hessen concerning bans on breeding white cats and crested ducks show that the paragraph 11b is executable.  相似文献   

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