Animal welfare has been a topic of discussion for many years, especially with the increase in industrialised farming practices. Alice de Concerto, the legal advisor at the European Institute for Animal Law and Policy, is questioning the effects of EU farm animal welfare legislation in protecting animals. In her presentation, she examines the limitations of animal welfare and its significant shortcomings in protecting animals.
What is currently happening in Animal Welfare Legislation?
As the world becomes more conscious of animal welfare, the European Union (EU) has implemented laws to ensure the protection of livestock animals in the farming industry. Here are some key facts about EU farm animal welfare legislation:
- The EU has established a database called the Animal Welfare Indicators (AWIN), which collects data on the welfare of livestock animals across the EU. The database is used to monitor the conditions in which animals are kept, identify areas of improvement, and promote best practices.
- The EU has banned the use of battery cages for laying hens since 2012. This means that hens must be kept in larger, more enriched environments, with improved access to perches and nesting areas.
- The use of growth-promoting antibiotics in feed has been banned in the EU since 2006. This is because the overuse of antibiotics in the farming industry can contribute to the development of antibiotic-resistant bacteria.
- The EU has established minimum space requirements for livestock animals, such as pigs and cows, to ensure they have enough room to move and express natural behaviours.
- The transport of animals within the EU is strictly regulated to ensure that the animals are transported in a way that minimises stress and discomfort. The maximum journey time for livestock transport is 8 hours, and animals must have access to food, water, and rest during the journey.
- The EU has also established rules for the humane slaughter of animals, including requirements for stunning before slaughter.
The question is: is this enough?
The History and Development of EU Farm Animal Welfare Legislation
EU law heavily preempts the rules determining the treatment of animals in agriculture, which has a significant influence in shaping legislation at the national level. EU law establishes minimum rules on the treatment of farm animals and discourages the adoption of stricter rules at the national level because of a liberal, pro-trade legal bias in EU law. This legal bias creates a framework that is accommodating to the agriculture industry and their practices.
The history of EU farm animal welfare legislation is grounded in international law, specifically in the conventions of the Council of Europe. The Council of Europe counts countries among its signatories, including EU member states, Turkey, and Russia. The conventions of the Council of Europe on Farm Animal Welfare include the European Convention for the Protection of Animals during Transport, the European Convention for the Protection of Animals kept for farming purposes, and the European Convention for the Protection of Animals for slaughter.
The first piece of legislation on animal welfare that was codified in EU law was a law on slaughter in 1974, and another law on the protection of animals during transport in 1977. From the 1990s until the late 2000s, the EU adopted a series of laws specifically regulating the on-farm treatment of farm animals, starting with egg-laying hens, pigs, farm animals in general, broiler chickens, and calves.
Limitations of Animal Welfare in EU Farm Animal Legislation
Currently, the regulatory framework in the EU includes one general act that sets minimum rules for all farmed animals for all farming purposes, called the General Farming Directive, and four species-specific acts for hens, calves, pigs, and broiler chickens, as well as two acts regulating the treatment of animals during transport and slaughter. However, there is no species-specific regulation for aquatic animals or dairy cows, which are covered under the General Farming Directive. This means that these animals may not receive the same level of protection as other farmed animals, which could leave them vulnerable to inhumane practices.
One of the limitations of the current framework is that it is accommodating to the agriculture industry, which prioritises profits over animal welfare. The industry’s practices are often inhumane and harmful to the animals. The EU’s focus on animal welfare alone is not enough to protect animals from the cruelty of industrialised farming practices. Alice de Concerto believes that a shift towards animal rights is necessary to truly protect animals from exploitation and abuse.
The limitations of animal welfare have long been debated in scholarship and legal theory. While animal welfare is a step in the right direction, it is not enough to protect animals from the harms of industrialised farming practices. It is essential to shift towards animal rights to truly protect animals from exploitation and abuse.
Another limitation of animal welfare in EU farm animal legislation is the lack of enforcement mechanisms. While there are laws in place to protect animals, they are often difficult to enforce, and there are not enough resources devoted to ensuring compliance. This means that some farmers may flout the laws without consequence, which could lead to the mistreatment of animals.
Some critics argue that the focus on animal welfare alone is not enough to protect animals from the harms of industrialised farming practices. While animal welfare laws can provide some protection for animals, they do not address the root causes of the problem, which are often related to the profit-driven practices of the agriculture industry.
The Need for a Shift towards Animal Rights
In conclusion, the EU’s current regulatory framework on animal welfare has limitations that need to be addressed. The framework is accommodating to the agriculture industry, which often prioritises profits over animal welfare. A shift towards animal rights is necessary to truly protect animals from exploitation and abuse. The EU must do better to ensure the humane treatment of animals and recognize their inherent value and rights.
To truly protect animals from exploitation and abuse, there needs to be a shift towards animal rights. Animal welfare is an important step in the right direction, but it is not enough to ensure that animals are treated with the respect and dignity they deserve. As consumers become more aware of the conditions in which their food is produced, they are demanding higher standards of animal welfare. It is up to governments and the industry to ensure that these standards are met and that animals are protected from harm.
