Thursday, November 20, 2008

Laws on domestic cat breeds wild cat species and animal rights law enforcement


The European Union cannot be ignored when discussing animal welfare law in relation to individual states. The European Constitution contains an section on animal welfare (Article III-121). This is what it says:In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall,since animals are sentient beings, pay full regard to the requirements of animal welfare, while respecting the legislative or administrative provisions and customs of Member States relating in particular to religious rites, cultural traditions and regional heritage.As I understand it the European constitution is not yet in force. However, this would not be a issue in the founding members or early EU/EEC member states as they have strong legislation in place already. It is the some of the new members that need pushing into creating better animal welfare law, such as Romania. Member states have obligation to formulate laws that bring into effect EEC legislation. Some EEC member states have animal welfare written into their constitutions. For example, Article 20a of the German constitution, the Basic Law and in Article 11 para. 1 on the Austrian Federal Constitution.Switzerland, although not a member of the EEC has the longest standing references to animal welfare in their constitution. All the more reason to ask why there have been allegations that Switzerland is the center of the fur trade in Europe. See cat fur Switzerland. It is alleged that cat fur is being shipped to China from Switzerland.The European Convention for the Protection of Pet Animals (effective May 1992) is a treaty entered into by member states of the EU and any other country who would wish to be bound by the terms of the treaty. A treaty is a form of contractual obligation between the signatories to ensure compliance with the terms of the treaty. In respect of the European Convention for the Protection of Pet Animals the terms are a framework for promoting the welfare of pet animals and ensuring minimum standards of care over a wide range of issues. The parties to the treaty have an obligation to implement its terms. This will be achieved by the creation of primary and/or secondary legislation. The UK Animal Welfare Act 2006 would seem to be based in the treaty. Member states can legislate for stricter and more wide ranging terms than as stated in the treaty if they wish. The treaty states the minimum terms. Romania would seem to be in breach of this treaty. What can be done? Not much frankly. An acceptance that the breach will be corrected slowly would seem to be the process.
In Romania: Well, sadly I am unable to bring good news as at Oct 2008. Things will no doubt change in time. It'll take too long, far too long for the feral cats and dogs and wildlife of Romania who are meant to be protected by Romanian animal welfare law but are not because of poor drafting of the law and lack of enforcement.There are other issues such as a lack of education as to animal welfare at a grass roots level. There would also seem to be corruption at local government level and organized crime. Then there is the EU. Romania joined the EU/EEC in 2007. Some would argue that it happened to soon as there is continuing organized crime in Romania (at 2008). The EU constitution in respect of animal welfare is not yet in force. Yet the EU could do more to push Romania in the right direction.

1 comment:

Unknown said...

mai..tzi-tzi ai fost tu de o caruta de timp..dapoi tzi-tzi in black..asa ca te rog sa accesorizezi motanul cu ceva gothic.

pupici pt ambii