About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

10 Animal L. 283 (2004)
Und Die Tiere Constitutional Protection for Germany's Animals

handle is hein.journals/anim10 and id is 291 raw text is: ... UND DIE TIERE
Kate M. Nattrass*
In the summer of 2002, Germany welcomed animals into the folds of consti-
tutional protection. With the addition of the words and the animals, Ger-
many became the first country in the European Union (E. U.), and the
second on the European continent, 1 to guarantee the highest level of federal
legal protection to its nonhuman animals. Though a welcomed development
in the eyes of most Germans, this groundbreaking event received very little
attention on the world stage. Common misconceptions about the ramifica-
tions of the constitutional amendment resulted in limited to no accurate rep-
resentation in worldwide media. Likewise, international policymakers and
animal protectionists have shown little awareness of this development and
its potential implications. In addition to possible legal effects, the social im-
plications of such an occurrence in a major western country are vast. Inter-
national leaders will certainly take note as the effects of this change begin to
take place in Germany's laws and, increasingly, in its international policies.
More importantly, the global animal protection community should take note
of what is possible, and what can be learned from the achievements of Ger-
many's animal protection community. This study traces the legal and social
developments leading to Germany's constitutional amendment which pro-
vides protection to animals, showing how this legal highpoint was achieved.
Multiple sources are used, including congressional, judicial, and party doc-
* © Kate M. Nattrass, 2004. Tufts University School of Veterinary Medicine Center
for Animals and Public Policy. Ms. Nattrass conducted this research in fulfillment of the
Masters of Science degree in Animals and Public Policy at Tufts University School of
Veterinary Medicine, under the guidance of Jan Dizard, Professor of Sociology at Am-
herst College, MA, and Paul Waldau, Assistant Clinical Professor at Tufts University
School of Veterinary Medicine, Grafton, MA. She spent two years at the Social Science
Research Centre of Berlin (WZB) prior to commencing graduate studies, and currently
works at the International Fund for Animal Welfare (IFAW). Please note that Ms. Nat-
trass has provided the German citations, and the accuracy of those citations rests solely
with the author.
1 BV 1992 § 24 (in 1992, Switzerland recognized the inherent worth of animals (die
Wiurde der Lebewesen) in its constitution). Federal laws of a similar manner exist in
Germany (Animal Protection Law implemented Sept. 1, 1990, art. 90a Tierschutzgesetz
in der Fassung der Bekantuachung (Tierschutzgesetz), v. March 25, 1998 (BGB 11 1094)
[hereinafter Tierschutzgesetz], and Austria (Art. 285 ABGB implemented July 1, 1988),
but Switzerland was the first country to acknowledge the interests of animals within its
national constitution. This development had virtually no international impact, however,
and receives little attention outside of Switzerland.


What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most