World Society for the Protection of Animals Indicators for Enforcement – a global perspective Enforcement of European Animal Welfare Related Legislation.

World Society for the Protection of Animals

Indicators for Enforcement – a global perspective

Enforcement of European Animal Welfare Related Legislation

12th June 2012, Brussels

Carla Brown

Legislative Affairs Manager

World Society for the Protection of Animals (WSPA)



• WSPA works to end the suffering of billions of animals around the world. We passionately believe that animal welfare matters and animal cruelty must end, whether that animal is in the wild, living in a community, caught up in a disaster or is being farmed.

• Through strategic campaigning and by proving our lasting solutions, we will put animal welfare on the global agenda and show that what’s good for animals is good for the world.


WSPA’s legislation work

• Providing expertise & guidance in response to increased demand for legislative support

• Collaborating with governments, international organisations & NGOs in developing legislation and other standards

• Auditing animal-related laws worldwide• Monitoring & evaluating the effectiveness of animal-

related laws • Educating policy makers about the spread of legislation

and its relevance to other political and social priorities


How many countries have animal welfare laws?• The title of the law can be

deceiving

• Differences in purpose:• Protecting

species/environment• Banning activities• Controlling methods of

production• Improving animal welfare• Prohibiting cruelty• Improving public health


WSPA legislation research project• Are all sentient animals covered by the main welfare legislation?• Is sentience or the significance of animals acknowledged?• Are act and omission offences included?• Is there protection from hunger and thirst?• Is there a right to appropriate living conditions?• Is there protection from physical suffering?• Is there a right to express natural behaviour?• Is there protection from mental suffering?• Do the penalties for animal cruelty include banning orders?• Is breeding of dogs regulated?• Is fur farming illegal?• Is bestiality illegal?• Is there legislation preventing wild animals being in circuses?• Is animal fighting illegal?• Are there laws on animal experimentation?• Are there laws to ensure humane slaughter of farm animals?• Is the Government supportive of a UDAW?


What now?

• Laws being passed are not enough to ensure the welfare of animals

• Most animal laws are inadequately implemented

• How should animal welfare organisations ensure these laws are properly enforced?


Factor 1: The adoption of suitable legislation

• Wording of legislation must be clear and adequate definitions are essential

• Inclusion of act and omission offences• Avoiding conflicting legislation• If there are supplementary guidelines or

secondary legislation which need to be created alongside the law, it should be done as soon as possible


Factor 2: Relevant government structure and supportive government

• If there is no dedicated Ministry for Animal Welfare then it is essential that the parameters of responsibility for specific issues are clear between different governmental bodies

• Carefully appointed advisory committees with a clear role and remit are required

• The government must support the legislation which has been enacted or amend any problems it sees accordingly, so that the requirement for proper enforcement of the law is always present


Factor 3: Appropriate consequences for breaching or abiding by the law

• The use of penalties for breaches of the law and rewards for adhering to its requirements should be carefully considered

• Penalties should be appropriate to the offence committed and the judiciary should have to option to order removal of the animal in question or impose a ban on keeping animals where relevant

• Inclusion of incentives for positive animal welfare should be examined as these can lead to greater compliance


Factor 4: Clear responsibility for enforcement

• Responsibility and methods for enforcing animal protection laws must be clearly stated in primary legislation or in other supporting documents

• The most appropriate enforcing agency may differ between countries and with regard to the specific welfare issue in question


Factor 5: Education of animal welfare issues and the law

• Provisions for educating the public and target audiences about animal welfare and the relevant laws are necessary for effective enforcement in the long-term

• The role of education is a key factor in the development of societal values that safeguard animal welfare and to encourage citizens to support enforcement bodies and abide by the law


Factor 6: Allocation of sufficient resources

• Animal law enforcement agencies must be assigned a reliable income stream which is sufficient to enable them to adequately uphold the law

• There must be provision of suitable training for enforcement personnel so that they are knowledgeable in animal welfare issues

• In addition, the appropriate infrastructure must be developed which supports the implementation of the law


Factor 7: Cultural appropriateness and relevance

• Legislation must be created which is culturally appropriate and so effort should be made to understand the motivations behind certain behaviour in order to assist in ensuring compliance

• If laws which have already been introduced are found to have little relevance to the current environment to which they apply, amendments should be made to reflect and accommodate the cultural context whilst ensuring animal welfare is protected


Factor 8: Societal support for the legislation

• Where there is widespread backing, or when legislation has been enacted in some way as a result of public lobbying, there is more likely to be greater awareness, compliance and enforcement of the law

• As civil society has a part to play regarding encouraging high standards of welfare and reporting breaches of the law, it is important that an environment is created whereby there is societal support for legislation


Factor 9: Mechanisms to monitor enforcement

• To ensure enforcement is as effective as possible, monitoring mechanisms must be in place to gain a full understanding of all the issues relating to implementation and enforcement of the law

• Any changes which are required as a result of the findings should be carried out as soon as possible


Factor 10: Process for amending policy instruments

• The procedure for amending policy instruments and enforcement protocols which relate to the protection of animals must be straightforward so that the legislation and its related regulations, standards, codes of practice etc can be altered

• Modifications may need to be made in response to changing situations in animal welfare and society or when monitoring of enforcement shows ineffectiveness


Summary• Increasingly more countries are

developing animal welfare legislation

• However, the existence of legislation alone is not sufficient to improve animal welfare – it needs to be properly implemented and robustly enforced

• Many factors are necessary for effective enforcement and governments, animal welfare groups and the public all need to take more responsibility to ensure the animal protection law is being properly implemented


Thank You