![]() On the protection of animals during transport and related operationsĢ. Regulation (EC) No 1/2005 of 22 December 2004 tadpoles) or foetal forms in the last third of their development, while certain texts also include a class of invertebrates, cephalopods (e.g. Then, after drawing attention to their sentience, this definition was broadened to cover certain development stages: free-living larval forms (e.g. The EU texts first defined animals by their zoological category of non-human vertebrates. octopuses, crabs) ī) embryological development stages: such as free-living larval forms (able to feed themselves) and foetal forms Ī quick overview of animal legislation around the world reveals the most significant definitions of animals, based on a few examples taken from various legislative texts from some thirty countries 3. Finally, scientific categories are the most recently introduced into law.Ī) zoological classifications such as vertebrates, meaning animals that have a backbone and a skull containing their central nervous system (namely, mammals, birds, reptiles, amphibians and fish) or invertebrates (e.g.Introduced into law at a later stage, including « creatures », A smaller number of philosophical categories were.Only a few countries ban certain hunting, trapping or fishing techniques that produce particularly painful agony. Laws governing wild animals do not protect individuals but aim to preserve or control some species’ population numbers for ecological, health or food purposes. It excludes wild animals living freely in nature. It is important to note that all legislation on animal welfare or the prevention of acts of cruelty relates to animals held by man during all or part of their life cycle. ![]() There are a great many of these definitions, such as « goods » (property, in opposition to « persons »), domesticated animals, companion animals, farm animals, laboratory animals, captive wild animals, etc., to name but a few. The utilitarian categories are those first used in law.These general definitions fall into three main categories. This question led us to examine how animals are defined in the legal texts governing their protection. However, can we legitimately have concern for the welfare of these animals with a nervous system that creates motor responses that are purely reflexes? Without an organ with cerebral functions able to store and process sensory information, these invertebrates are probably unable to feel sensations or emotions in the same way as animals such as vertebrates or even some invertebrates (cephalopod molluscs and some arthropods such as crabs, bees or spiders) that also have cognitive abilities 2. Snails and earthworms, which are also farmed, are also animals, as are the millions of other invertebrates. Therefore, mussels and oysters, which feed off microorganisms suspended in water and have swimming larvae, are animals. This is why the general legislation on the protection of animal welfare needs to be broken down into specific regulations.īut can the notion of animal welfare that implies an emotional state be applied to the entire animal kingdom? For a biologist, animals are multicellular living organisms that can move by themselves at least at one stage in their development and feed off other organisms 1. They can also vary depending on the time of day or year. These needs are specific to each individual’s species, gender and age. It not only requires the animal to be in good health and secure but also that its physiological and environmental needs are entirely and unreservedly being met and that the animal is able to express normal behaviour according to its biological rhythms. It is a state of ease produced by a combination of pleasant feelings for the animal. Semantic traps left by presuppositions nearly always lead to misunderstandings. There is a great risk of creating confusion between « animal welfare » and « good treatment » or the absence of bad treatment. But it may come as a surprise that the term « animal welfare » has never been defined in the legislation. Over the past 15 years or so, in animal protection legislation nearly everywhere in the world, the notion of animal welfare has been gradually superseding the concept of prevention of acts of cruelty. ![]() (Eds), Animal Welfare: From Science to Law, 2019, pp.47-56. ![]() To cite this article (suggested): Auffret van der Kemp T., « To which animals does animal welfare apply in law and why? », In: Hild S. Marine biologist, zoologist, former head of the life sciences department at Palais de la découverte, Paris.
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