Das Tier unter dem Schutz des Rechts

The Animal Ethical Foundations of a Legal Protection Model for Animal Welfare Administrative Actions

Summary:
Since April 1, 2003, animals are no longer legally considered objects, and since September 1, 2008, Switzerland has a new animal welfare law. Against this changed backdrop, the present dissertation fundamentally addresses the role of animals in societal perception and the question of how animals can act as stakeholders in law for the first time. The author particularly examines the roots of so-called ethical animal welfare and critically addresses the concept of dignity and the legal subjectivity of animals. The dissertation extensively discusses the consideration and weighting of animal interests and administrative animal welfare as part of public law. The author demonstrates that the administrative measures systematically presented here allow for direct and efficient influence on the well-being of the affected animal and adequately consider its interests within the framework of legal balancing considerations.