Cruelty to animals or
animal abuse is the infliction of
suffering or
harm upon animals, other than
humans, for purposes other than self-defense. More narrowly, it can be harm for specific gain, such as killing animals for food or for their fur. Diverging viewpoints are held by jurisdictions throughout the world.
Broadly speaking, there are two approaches to the issue. The
animal welfare position holds that there is nothing inherently wrong with using animals for human purposes, such as food, clothing, entertainment, and research, but that it should be done in a humane way that minimizes unnecessary
pain and suffering.
Animal rights theorists criticize this position, arguing that the words "unnecessary" and "humane" are subject to widely differing interpretations, and that the only way to ensure protection for animals is to end their status as property, and to ensure that they are never used as
commodities. Laws concerning animal cruelty are designed to prevent needless cruelty to animals, rather than killing for other aims such as food, or they concern species not eaten as food in the country involved, such as those regarded as pets.
In law
Many jurisdictions around the world have enacted statutes which forbid cruelty to some animals but these vary by country and in some cases by the use or practice
Australia
In Australia, many states have enacted legislation outlawing cruelty to animals, however, it is argued that welfare laws do not adequately extend to production animals.
[1] Whilst police maintain an overall jurisdiction in prosecution of criminal matters, in many states officers of the
RSPCA and other animal welfare charities are accorded authority to investigate and prosecute animal cruelty offenses.
Japan
Animal experiments are regulated by the 2000 Law for the Humane Treatment and Management of Animals, which was amended in 2006.
[2] This law requires those using animals to follow the principles outlined in the 3Rs and use as few animals as possible, and cause minimal distress and suffering. Regulation is at a local level based on national guidelines, but there are no governmental inspections of institutions and no reporting requirement for the numbers of animals used.
[3]
Hong Kong
As of 2010, Hong Kong has supplemented or replaced the laws against cruelty with a positive approach using laws that specify how animals should be treated.
[13] The government department primarily responsible for animal welfare in Hong Kong is the Agriculture, Fisheries and Conservation Department (AFCD).
Laws enforced by the AFCD include these:
- the Prevention of Cruelty to Animals Ordinance (also enforced by the police)
- the Public Health (Animals and Birds) Ordinance (including regulations for licences imposed on livestock keepers and animal traders and a Code of Standards for Licensed Animal Traders)
- the Dogs and Cats Ordinance
- the Pounds Ordinance
- the Rabies Ordinance
- the Wild Animals Protection Ordinance
In addition, the Food and Environmental Hygiene Department (FEHD) does the following:
- enforces the Public Health and Municipal Services Ordinance, which includes regulations for slaughterhouses and wet markets
- publishes a Code of Practice for the Welfare of Food Animals (which describes their transport)
- publishes Operational Guidelines for the Welfare of Food Animals at Slaughterhouses
The Department of Health does the following:
- enforces the Animals (Control of Experiments) Ordinance.
- publishes a Code of Practice for the Care and Use of Animals for Experimental Purposes
As of 2006, Hong Kong has a law titled "Prevention of Cruelty to Animals Ordinance", with a maximum 3 year imprisonment and fines of HKD$200,000.
[14]
Taiwan
The Taiwanese Animal Protection Act was passed in 1998, imposing fines up to NT$250,000 for cruelty. Criminal penalties for animal cruelty were enacted in 2007, including a maximum of 1 year imprisonment.
[15]
Europe
Germany, Switzerland, Sweden, and Austria have all banned battery cages for egg-laying hens. The entire European Union is phasing out battery cages by 2012.
[21] It is also illegal in many parts of Europe to declaw a cat.
[22]
Germany
In Germany, killing animals or causing significant pain (or prolonged or repeated pain) to them is punishable by imprisonment of up to three years or a financial penalty.
[23] If the animal is of foreign origin, the act may also be punishable as criminal damage.
[24]
Italy
Acts of cruelty against animals can be punished with imprisonment, for a minimum of three months up to a maximum of three years, and with a fine ranging from a minimum of 3.000,00
Euro to a maximum of 160.000,00 Euro, as for the law n°189/2004.
[25] The law was passed mainly to crush the phenomenon of
dog fighting, which in Italy is a clandestine
blood sport fully controlled by organized crime.
United Kingdom
In the
United Kingdom, cruelty to animals is a criminal offence for which one may be jailed for up to 51 weeks and may be fined up to £20,000.
[26]
On August 18, 1911, the House of Commons introduced the
Protection of Animals Act 1911 (c.27) following lobbying by the Royal Society for the Prevention of Cruelty to Animals (
RSPCA). The maximum punishment was 6 months of "hard labour" with a fine of 25 pounds.
[27]
In the
London Police Act 1839, "fighting or baiting Lions, Bears, Badgers, Cocks, Dogs, or other Animals" was prohibited in London, with a penalty of up to one month imprisonment, with possible hard labour, or up to five pounds. The law laid numerous restrictions on how, when, and where animals could be driven, wagons unloaded, etc.. It also prohibited owners from letting mad dogs run loose and gave police the right to destroy any dog suspected of being rabid or any dog bitten by a suspected rabid dog. The same law prohibited the use of dogs for drawing carts.
[28] Up until then, dogs were used for delivering milk, bread, fish, meat, fruit, vegetables, animal food (the cat's-meat man), and other items for sale and for collecting refuse (the rag-and-bone man).
[29][30] As Nigel Rothfels notes, the prohibition against dogs pulling carts in or near London caused most of the dogs to be killed by their owners
[31] as they went from being contributors to the family income to unaffordable expenses. Cart dogs were replaced by people with handcarts.
[32] About 150,000 dogs were killed or abandoned. Erica Fudge quotes Hilda Kean:
[31]
At the heart of nineteenth-century animal welfare campaigns is the middle-class desire not to be able to see cruelty.
—Hilda Kean,
Animal Rights, 1998[33]
The Protection of Animals Act 1911
[34] extended the ban on draft dogs to the rest of the kingdom. As many as 600,000 dogs were killed or abandoned.
United States
The primary federal law relating to animal care and conditions in the US is the
Animal Welfare Act of 1966, amended in 1970, 1976, 1985, 1990, 2002 and 2007. It is the only Federal law in the United States that regulates the treatment of animals in research, exhibition, transport, and by dealers. Other laws, policies, and guidelines may include additional species coverage or specifications for animal care and use, but all refer to the Animal Welfare Act as the minimum acceptable standard.
[38]
The AWA has been criticized by
animal rights groups for excluding birds, rats and mice bred for research, and animals raised for food or fiber as well as all cold-blooded animals.
[39]
The
Animal Legal Defense Fund releases an annual report ranking the
animal protection laws of every state based on their relative strength and general comprehensiveness. In 2008's report, the top five states for their strong anti-cruelty laws were California, Illinois, Maine, Michigan, and Oregon. The five states with the weakest animal cruelty laws were Arkansas, Idaho, Kentucky, Mississippi, and North Dakota.
[40]
In
Massachusetts and
New York, agents of humane societies and associations may be appointed as special officers to enforce statutes outlawing animal cruelty.
[41]
In 2004, a
Florida legislator proposed a ban on "cruelty to bovines," stating: "A person who, for the purpose of practice,
entertainment, or sport, intentionally fells, trips, or otherwise causes a cow to fall or lose its balance by means of roping, lassoing, dragging, or otherwise touching the tail of the cow commits a
misdemeanor of the first degree."
[42] The proposal did not become law.
[42]
In the United States, ear cropping,
tail docking, the
Geier Hitch, rodeo sports, and other acts are legal and sometimes condoned. Penalties for cruelty can be minimal, if pursued. Currently, 46 of the 50 states have enacted felony penalties for certain forms of animal abuse.
[43] However, in most jurisdictions, animal cruelty is most commonly charged as a misdemeanor offense. In one recent California case, a felony conviction for animal cruelty could theoretically net a 25 year to life sentence due to their
three-strikes law, which increases sentences based on prior felony convictions.
[44]
In 2003, West Hollywood, California passed an ordinance banning
declawing of house cats.
[45] In 2007, Norfolk, Virginia passed legislation only allowing the procedure for medical reasons.
[46] However, most jurisdictions allow the procedure.
TV & film making
Animal cruelty has long been an issue with the art form of
filmmaking, with even some big-budget
Hollywood films receiving criticism for allegedly harmful—and sometimes lethal—treatment of animals during production. One of the most infamous examples of animal cruelty in film was
Michael Cimino's legendary flop
Heaven's Gate, in which numerous animals were brutalized and even killed during production. Cimino allegedly killed chickens and bled horses from the neck to gather samples of their blood to smear on actors for
Heaven's Gate, and also allegedly had a horse blown up with
dynamite while shooting a battle sequence, the shot of which made it into the film. After the release of the film
Reds, the star and director of the picture,
Warren Beatty apologized for his Spanish film crew's use of
tripwires on horses while filming a battle scene, when Beatty wasn't present. Tripwires were used against horses when
Rambo III and
The Thirteenth Warrior were being filmed. An
ox was sliced nearly in half during production of
Apocalypse Now, while a donkey was bled to death for dramatic effect for the film
Manderlay, in a scene later cut from the film.
Cruelty in film exists in movies outside the United States. There is a case of cruelty to animals in the
South Korean film
The Isle, according to its director
Kim Ki-Duk.
[65] In the film, a real
frog is skinned alive while
fish are mutilated. Several animals were killed for the camera in the controversial
Italian film
Cannibal Holocaust.
[66] The images in the film include the slow and graphic beheading and ripping apart of a
turtle, a
monkey being beheaded and its brains being consumed by natives and a
spider being chopped apart. In fact,
Cannibal Holocaust was only one film in a collective of similarly themed movies (
cannibal films) that featured unstaged animal cruelty. Their influences were rooted in the films of
Mondo filmmakers, which sometimes contained similar content. In several countries, such as the UK,
Cannibal Holocaust was only allowed for release with most of the animal cruelty edited out.
More recently, the video sharing site
YouTube has been criticized for hosting thousands of videos of real life animal cruelty, especially the feeding of one animal to another for the purposes of entertainment and spectacle. Although some of these videos have been flagged as inappropriate by users, YouTube has generally declined to remove them, unlike videos which include
copyright infringement.
[67][68]
The
Screen Actors Guild (SAG) has contracted with the
American Humane Association (AHA) for monitoring of animal use during filming or while on the set.
[69] Compliance with this arrangement is voluntary and only applies to films made in the United States. Films monitored by the American Humane Association may bear one of their end-credit messages. Many productions, including those made in the US, do not advise AHA or SAG of animal use in films, so there is no oversight.
[70]
Simulations of animal cruelty exist on
television, too. On the September 23, 1999 edition of
WWE Smackdown!, a plot line had professional wrestler
Big Boss Man trick fellow wrestler
Al Snow into appearing to eat his pet
chihuahua Pepper.
[71][72]
Circuses
The use of animals in the
circus has been controversial since animal welfare groups have documented instances of animal cruelty during the training of performing animals. The
Humane Society of the United States has documented multiple cases of abuse and neglect,
[73] and cite several reasons for opposing the use of animals in circuses, including confining enclosures, lack of regular veterinary care, abusive training methods and lack of oversight by regulating bodies.
[74] Animal trainers have argued that some criticism is not based in fact, including beliefs that animals are 'hurt' by being shouted at, that caging is cruel and common, and the harm caused by the use of
whips, chains or training implements.
[75]
In 2009, Bolivia passed legislation banning the use of any animals, wild or domestic, in circuses. The law states that circuses "constitute an act of cruelty." Circus operators had one year from the bill's passage on July 1, 2009 to comply.
[76]
In 2010, Lebanese animal rights groups became enraged when it was learned that wild performing animals belonging to the Monte Carlo Circus were transported from Egypt to Lebanon without being provided with food and water.
[77]
Restrictions
Following the campaign, new regulations were enacted that prohibit the use of animals in circuses in
Israel.
Finland and
Singapore have restricted the use of animals in entertainment. The
UK and
Scottish Parliaments have committed to ban certain wild animals in travelling circuses and approximately 200 local authorities in the UK have banned all animal acts on council land.
[citation needed] Animal acts are still very popular throughout much of
Europe, the
Americas and
Asia. In the United States animal welfare standards are overseen by the
United States Department of Agriculture under provisions of the
Animal Welfare Act. Efforts to ban circus animals in cities like Denver, Colorado have been rejected by voters. Some circuses now present animal-free acts.
[78]