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1.
K Schwabenbauer 《DTW. Deutsche tier?rztliche Wochenschrift》1989,96(3):87-89
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
2.
Addicks H 《DTW. Deutsche tier?rztliche Wochenschrift》2004,111(3):98-101
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
3.
Stegen D 《DTW. Deutsche tier?rztliche Wochenschrift》2003,110(5):193-196
The judgement of the German Constitutional Court from February the 15th in 2002 allows Moslems to perform ritual slaughter, provided that they can state compelling religious reasons. Animal protection was assessed just as a public interest in contrast to the constitutional rights of religious and professional freedom. However this can not be kept up any more as it is aimed to integrate animal protection into the German constitutional law. The authorities now have the duty to investigate each request for ritual slaughter carefully. This investigation must include a close look at the compelling religious reasons, the expert knowledge of the applicant (which includes stunning methods), the local facilities of the slaughterhouse and which is more for whom the meat is for. It is also important whether the animal is slaughtered for sacrificial or commercial reasons. Furthermore the consequences which threaten the religious community, if their members don't live according to the rules, have to be shown. Electric stunning and the fact that it is accepted by Islamic authorities has also to be pointed out. It seems to be possible to turn down a request for ritual slaughter referring that to the fact that animal protection is aimed to be part of the constitutional law. 相似文献
4.
Bierwirth-Wiest H 《DTW. Deutsche tier?rztliche Wochenschrift》2004,111(3):102-106
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
5.
According to the Animal Protection Law (1986) fish are to be killed by methods which do not cause pain. However, the regulations do not cover the killing of non-food fish. A questionnaire, conducted among 85 fish scientists, revealed that single fish should be killed by a blow on the head, and larger numbers by electrical methods or by use of chemicals. Decapitation was proposed for eels. A regulation from 1936 stipulates the methods for the slaughtering of food fish. Mechanical or electrical stunning is compulsory except for eel and flatfish. The questionnaire showed that in general the present legal regulations are sufficient for the slaughtering of fish with the exception of eels. The commercially available apparatus for stunning and killing do not always fulfill the requirements of animal protection, slaughtering technology and safety for the user. Official testing of these apparatus as well as the evaluation of new methods--like CO2-stunning--are necessary in order to prevent the use of methods which are feasible, but do not fulfill animal welfare, especially for eel. 相似文献
6.
In 1998 there were only twelve Jewish veterinarians known who practised in Germany between 1918 and 1945. 133 of them have now been found. Most of the Jewish veterinarians had their roots in merchant families and were general practitioners in the countryside. To be "Jewish" did not concern until 1933. Compared with the other medical professionals like human medical professionals (10,9 %), in 1933 the number of Jewish veterinarians was low (1,6 %, whole German Jewish population 0,77 %). Right with the beginning of the National Socialistic rule Jewish veterinarians were exposed to different forms of harassment. Soon after, on April 7th 1933, with the so-called Gesetz zur Wiederherstellung des Berufsbeamtentums (BBG; law for the restoration of civil service), the prosecution took on an official quality. The Reichstier?rztekammer (Chamber of veterinary service) was very eager to Aryanize the German veterinary service. The BBG made the Jewish veterinarians who worked in public positions lose their jobs with the single exception of those who had the status of a so-called "Frontk?mpfer" (a soldier who fought at the frontline during World War I). Many of the Jewish veterinarians who were still in Germany in November 1938 were arrested after the pogrom of November 9/10th and kept in concentration camps and prisons for about one month. The few students of veterinary medicine who already had started their studies in 1933 still could make their exams in Germany, but they did not get a licence. On January 31st 1939 all Jewish veterinarians in Germany lost their licence. 55 Jewish vets managed to emigrate in time. Nineteen German Jewish Veterinarians died in concentration camps and ghettos. Two are known to have committed suicide. Until 1997, there was no act of appreciation or rehabilitation of German Jewish veterinarians. In 2003 the degrees of two Jewish veterinarians, Hermann Cussel and Paul Stern, were renewed posthumously by the Hanover School of Veterinary Medicine, while the President of the school also apologized for any injustice which was done by the school during the time of National Socialism. 相似文献
7.
2019年1月,A县畜牧服务中心依法取缔一处生猪屠宰窝点。经立案调查,根据《动物防疫法》《生猪屠宰管理条例》等法律法规相关规定,对涉嫌未经定点从事生猪屠宰活动的当事人郭×给予没收5头生猪及猪肉产品,并处货值4倍罚款的行政处罚。郭×对处罚不服而提起行政诉讼,法院判决撤销行政处罚行为,畜牧中心重新作出处罚决定后,案件结案。本文对案件查办中的主体适格、货值计算、价格认定、逃避检疫责任追究、自宰自食认定等相关环节进行了分析,以期与广大同行探讨。 相似文献
8.
常中豪 《四川畜牧兽医学院学报》2009,(5):47-50
根据国外的经验,循环经济立法多从某个特定的方向开始,然后逐渐形成一个完整的体系。我国虽然制定了《循环经济促进法》这一循环经济基本法,但是不论在实践中、还是在立法上都存在很多不足和缺陷。目前循环经济是实现可持续发展的最好途径之一,建立完善的循环经济法律体系,应先确定立法方向。 相似文献
9.
李卓 《四川畜牧兽医学院学报》2008,(3):55-58
在网络版权问题日益严峻的形势下，《互联网著作权行政保护办法》及时出台。其内容主要涉及适用范围、管辖原则、网络信息服务提供者的行政法律责任承担与免责原则、对著作权人、网络内容提供者、网络接入服务提供者及网络信息服务提供者在保护网上著作权方面的权利义务的规定及网络信息服务提供者与接入服务提供者的协助义务等，笔者通过对世界知识产权组织的WCT与WPPT、美国《数字千年版权法案》及欧盟的“版权指令”等国外法律条文的分析．找出国内网络版权保护立法方面的不足。并引证《办法》颁布实施后的第一起网络侵权大案即红袖添香起诉联想侵犯网络著作权一案。最后展望网路版权保护未来发展趋势。 相似文献
10.
Rajwali Khan Hongfang Guo Sayed Haidar Abbas Raza Abdur Rahman Muhammad Ayaz Zan Linsen 《Tropical animal health and production》2018,50(8):1733-1738
Pre-slaughter and slaughter stressors are considered major concerns in animal welfare. Halal slaughtering method is considered one of the slaughtering stressors in livestock. This method seems to cause fear followed by stress in animals mainly due to inhuman handling. In this review, empathy and animal welfare are discussed in light of Islamic sharia and has further linked with animal’s physiology and behavioral responses during slaughtering. Islam as a religion forbids slaughtering an animal in front of another animal as through optic, olfactory, and cochlear senses animals can perceive the stress state of conspecifics. This suggests and strengthens the hypothesis that animals being slaughtered in front of each other may produce stress in them. This argument further leads to a claim that animals can experience empathy of each other through olfaction of semiochemicals (stress pheromones) emitted from animals slaughtered in the stressful condition that can be detected by other animals in abattoirs. Hence, research is needed to find out these specific stress pheromones and legislation needs to be adopted in slaughterhouses to isolate the areas of butchery from slaughtering lines to ensure proper guidelines of Halal slaughtering in slaughterhouses. 相似文献
11.
《The Journal of Applied Poultry Research》2007,16(1):92-98
With the General Food Law, the European Union has finalized a process of modification and restructuring of existing directives for all commodities, resulting in 1 General Food Law. This paper describes the background to European legislation in general and the specific objectives of the present General Food Law. Important sections in this law are the introduction of the farm-to-fork principle, the implementation of risk analysis, the transparency of the process and the aspects of “traceability” (tracing and tracking). The General Food Law also forms the legal basis for establishing the European Food Safety Agency, presently based in Parma, Italy. At the end of the paper, there is a list of current relevant European Union directives. 相似文献
12.
An overview of the current European legislation concerning animal welfare is given. The legal requirements concern the housing and care of production animals (poultry, calves and swine), the transport of animals and the killing of animals (not only in slaughterhouses, but also in case of contagious animal disease outbreaks). General information concerning the principles and contents of European pieces of legislation as well as detailed information concerning requirements for individual animal species is given. Furthermore, other elements concerning animal welfare such as castration of piglets, ritual slaughter and animals used for experimental purposes are also reviewed. Finally, some recent initiatives in the field of animal welfare are mentioned and useful links are provided for finding the various legislative acts and additional supportive information. 相似文献
13.
为规范适用《食品安全法》设立的行政拘留制度,本文从食品安全监管行政拘留的概念和特征入手,通过?与其他拘留方式比较,分析现行行政拘留程序实施的情况和主要问题。从食品安全行政拘留立法和程序性规范角度?提出完善的思路和建议。《食品安全法》法律责任部分设立的行政拘留行政处罚种类,对不构成犯罪的严重食品安?全违法行为,可以由公安机关实施短期内限制人身自由的处罚,需细化构建完善的程序规范,使法律制度落实到?位,维护良好的食品安全秩序。 相似文献
14.
Cenci-Goga B. T. Mattiacci C. De Angelis G. Marini P. Cuccurese A. Rossi R. Catanese B. 《Veterinary research communications》2010,34(1):139-143
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.
相似文献15.
During the time of the Weimar republic the professors and students at the School of Veterinary Medicine Hannover had a national-conservative political attitude with a clearly anti-republican tendency. Before 1933 the National Socialism did not play a role at the school. After the assumption of power by Hitler the 'Gleichschaltung'--which also took place at the universities--ran mostly smoothly at the veterinary school. 75% of the teaching staff and 50% of the students had joined the NSDAP (nazi party) respectively the NSDStB (nazi student organisation) at the end of the summer semester 1933. The following development of the school until World War II is closely connected with the foundation of the Military Veterinary Academy in Hannover in 1935. During the years 1935-1939 offerings were made in a traditional way and without political considerations playing a major role. With the beginning of World War II the school developed into the centre of veterinary studies in Germany. In order to meet the demand of veterinary officers and civil veterinarians the studies were shortened, trimesters were temporarily introduced und standards of examinations were lowered. At the end of the war around 45% of the school was destroyed. In the beginning the denazification meant a significant turning point but it developed into a mere episode of the history of the school by the reappointment of all the seven professors who had been dismissed in 1945/46. 相似文献
16.
102 fattened pigs with known genetic origin were tested on a conveyor-belt 1--4 days before slaughtering. 64 animals run in the first passage in each case 154 m in a 4 minutes (0.64 m/s), compared to it the 38 animals of the second passage run in each case 770 m in 20 minutes. Measurements of heart frequency and breathing and body temperature were taken before and at intervals until 30 minutes after movement. After slaughtering the values of pH, colour and drip loss of the M. longissimus dorsi were measured. It turned out a difference in the meat quality with a high part of PSE-meat in the first passage (36%), caused by season. The criterion "recovery time of heart action after load" was able to value the stress susceptibility in dependence on meat quality p.m. Animals with a longer recovery time exhibited a lower pH45 value, a lighter colour and a higher drip loss of meat. But only after a certain stress intensity (2. passage) the assertion was given. 相似文献
17.
Luy J 《Berliner und Münchener tier?rztliche Wochenschrift》2005,118(3-4):89-94
In 2002 the current legal concept for animal protection "Ethischer Tierschutz" (ethics based animal protection) was declared a national objective in the Federal Republic of Germany. One of the aims laid down in the bill is to assure an ethical minimum (ethisches Mindestmass). An updating of and 7 Section 3 and and 17 No. 2b of the German Animal Welfare Act in compliance with the constitution and EU legislation could abolish the legal exception (regarding animal experiments) to the ban on inflicting "longer periods or repeated actions of severe pain or suffering". In this way an overall limit for causing severe harm to animals in any type of use, which is strongly demanded on the part of ethics, would be established, and this would equal an ethical minimum. 相似文献
18.
19.
我国现行《草原法》对草原的定义为“本法所称草原，是指天然草原和人工草地”。梳理了植物学阶段、生态学阶段、生态系统阶段、人类生态学阶段等不同历史阶段对草原的不同定义，认为现行《草原法》中对草原的定义在生态学和法学中都已经过于陈旧和狭窄。“草原”至少应该是指“天然草原、人工草地，以及包含自然环境和人类活动在内的草地生态系统。”但这需要突破传统法理学中的法律关系，即将“人与自然（准人类）”的关系上升为新的法律关系，指出从“生态系统管理立法”理论的视角，重新审定《草原法》法学指导思想已经成为必要。 相似文献
20.
Ofensberger E 《DTW. Deutsche tier?rztliche Wochenschrift》2002,109(3):93-99
The killing of cattle in order to support the market price, the millions of sorted male pullets or the killing of surplus animals in zoological gardens or breeds which do not have the right colour--the human way to deal with sentient creatures becomes more and more bizarre. How far is our treatment of animals compatible with the legal demand for killing a vertebrate animal only if a reasonable reason (also called good reason = vernünftiger Grund) according section 17 no. 1 of the German Animal Protection Act exists. An offence against this act could be punished with imprisonment up to three years or a fine. However, to constitute an offence is not necessarily illegal. The legislator has created the expression "reasonable reason" as an indefinite legal term. Therefore the animal protection law can further develop the legal term "reasonable reason" with the help of interpretation and dispensation of justice and adapt it to all social realities. Therefore an appropriate judgement on the killing of a vertebrate animal only is possible by viewing each individual case taking into regard all important factors of the relation between the animal and its owner. The killing of a vertebrate animal, which is found to be illegal according to section 17 no. 1 Animal Protection Act can not be punished in case special Community Law exists which has priority over national law. Community Law which cancels national law exists in the scope of housing, slaughtering and transporting of farm animals. There are loopholes in Community Law concerning the killing of domestic animals in their breeding that could be closed by national law. A solution to secure animal protection could be the creation of a strict law for the breeding of domestic animals in Germany. 相似文献