July 28, 2024, 5:30 am | Read time: 7 minutes
In Germany, the Basic Law recognizes general animal protection as a state objective — and is therefore more progressive than the law itself in some respects. This is now to be revised on a grand scale, with Federal Animal Welfare Commissioner Ariane Kari providing Parliament with advice and support. In a press conference, she explains what has been achieved so far and where she still sees a need for it to catch up.
Germany is poised to introduce a new animal protection law in the near future. However, the amendment was criticized by many animal rights activists as inadequate as soon as it was announced. Subsequent changes made during the parliamentary legislative process have significantly diluted many of the proposed measures. PETBOOK was able to talk to Ariane Kari, the Federal Animal Welfare Commissioner and official veterinarian, at a press conference about how much of the amendment is really still in the new animal protection law. And what hope does she see of improvements being made?
Animal welfare, as a national objective, begins with identification and registration
The proposed draft of the new Animal Welfare Act mandates that dogs and cats be microchipped and registered with platforms like Findefix or Tasso. This measure would facilitate their recovery if they were lost and deter abandonment. In the longer term, according to Federal Animal Welfare Commissioner Ariane Kari, this would also relieve the burden on animal shelters.
This is now to be achieved by means of a regulation. But Kari does not consider this to be sufficient, as she emphasized in the press conference. Even if she welcomes the idea of sanctions. The official veterinarian, with a focus on animal welfare, further states that numerous authorized provisions remain unenforced. “That’s why I think it’s important that the identification of dogs and cats is included directly in the Animal Welfare Act. Not just as an enabling basis. The best law doesn’t help if it’s not implemented.”
Kari would also like the Animal Welfare Act to apply to all animals. After all, the state objective of animal protection, which is enshrined in the German Basic Law, makes no distinction between pigs, cats, or flies. But the Animal Welfare Act does. In numerous sections, it exclusively refers to vertebrates. For example, when it comes to when young people are allowed to buy one themselves. As an example of animals that would be protected by an amendment, Kari mentions giant snails. Those are becoming an increasingly trendy animal on social media. Unfortunately, they are also often kept incorrectly and in a way that is contrary to animal welfare. And this wouldn’t even fall under cruelty to animals!
The aim of the new Animal Welfare Act is for only healthy animals to be bred
Few changes in animal welfare have made as many waves as a possible “dachshund ban”. The Federal Animal Welfare Commissioner has already refuted this in an interview with PETBOOK. This regulation should not be misconstrued as a ban on specific dog breeds. “The ban on torturous breeding is now merely being specified. The aim is to ensure that only healthy animals are bred,” Kari continued. It doesn’t really matter whether the animal is a pet or a farm animal. Although, to date, implementation has been limited to pets.
However, there have so far been few rulings on which animals are to be classified as torture breeding, as stated in Section 11b of the current Animal Welfare Act. It states that if animals “lack body parts or organs for species-appropriate use for hereditary reasons”, they are unfit or deformed, and “pain, suffering, or damage occurs as a result”, this is to be classified as torture breeding. Accordingly, there are also judgments against the breeding of the Sphynx if it lacks tactile hair. As well as against the Scottish Fold, which cannot use its ears properly.
Kari: The official veterinarian must check that breeding complies with the law, not the breeding standards
Another problem is that some dog and cat breeds that are not recognized in Germany also carry torture breeding characteristics. For example, the Munchkin cat, which is causing a stir on social media. However, there is no recognized standard in Germany for the breed with severely shortened legs. Consequently, there appears to be no legal foundation for a breeding prohibition.
However, Ariane Kari tells PETBOOK: “I would say that some cats already comply with Section 11b. So we don’t need to set any standards because they already fall under it.” According to Kari, this is an enforcement deficit. And if such cases become known, they should already be banned by the veterinary authorities. “The official veterinarian does not have to check whether the breeding complies with the breeding standards, but whether the breeding complies with the law.” Moreover, certain breeding standards warrant critical examination. “It would be nice if the associations would do more to prioritize healthy animals.”
‘We can stop docking hunting dogs overnight’
Recently, the overturned ban on docking hunting dogs also caused outrage among animal rights activists. But hunters welcomed it (PETBOOK reported). In this practice, up to half of the tail is removed from puppies within the first few days of their lives. While strictly prohibited for privately owned dogs, this practice remains permissible for hunting dogs under current regulations.
Ariane Kari told PETBOOK that she believes sections 5 and 6 of the Animal Welfare Act, which deal with this issue, are in need of a complete overhaul. “We should implement what is already feasible. And in the case of hunting dogs, we can do without amputation from one day to the next. It has been scientifically proven that we don’t need to protect the animals by cutting off their tails before they go hunting.”
Kari also tells PETBOOK that there are major problems with implementation. During the initial days of life, it remains uncertain whether the dog will be utilized for hunting purposes. “There was also a plan to regulate this, and I would have very much welcomed it. I am still arguing for this and will not let go.” In addition, other EU member states have never docked hunting dogs and are far ahead of us.
Foxhunting and the like This is how much animal suffering England’s royal traditions cause
Preventing animal suffering Torture breeding of guinea pigs! Avoid these breeds
PETBOOK inquires Hunter speaks out against the docking ban for hunting dogs: ‘It’s about the welfare of these animals!’
Where Kari sees hope for improvement in the new Animal Welfare Act — and where she doesn’t
When asked where the Federal Animal Welfare Commissioner sees hope in the parliamentary legislative process, she talks not only about abolishing the restriction on vertebrates but also about improvements for circus animals. This is because an exemption and negative list are currently being discussed, meaning that certain businesses will still be allowed to put on shows with animals. However, Kari sees an opportunity to change this deterioration, as the Federal Council has also voted in this way.
Kari was less optimistic when it came to amendments on livestock. She believes that this sector exhibits the most pressing need for reform, such as in the practice of cattle tethering. For years, it has been unequivocally established that this practice is antithetical to animal welfare. Year-round husbandry is to be abolished, but seasonal husbandry will still be permitted for the time being. Previously, a transitional period of five years was planned, during which larger farms would have to convert. However, small farms with less than 50 animals are exempt from this regulation.
Although Kari is pleased that the draft law now contains a ban for the first time ever, the regulations are by no means sufficient. Moreover, they have experienced further degradation. “In the beginning, it was envisaged that business owners would be obliged after five years. That has now all been watered down.”
But according to the vet, there is not only a need to catch up. Kari continues to observe an excessive reliance on exceptional regulations within the entirety of agricultural animal husbandry. Particularly concerning the amputation of body parts. This begins with the tails of lambs, the dehorning of cattle without anesthesia, and ends with the shortening of turkey beaks. The work of the Federal Animal Welfare Commissioner and her fight for more animal rights has apparently only just begun after one year in office.