WRITTEN QUESTION No. 1263/98 by Cristiana MUSCARDINI to the Commission. Protection of the rights of animals under the Swiss civil code
15. 10. 1999 EN Official Journal of the European Communities C 297/1 I (Information) EUROPEAN PARLIAMENT WRITTEN QUESTIONS WITH ANSWER (1999/C 297/001) WRITTEN QUESTION E-1263/98 by Cristiana Muscardini (NI) to the Commission (29 April 1998) Subject: Protection of the rights of animals under the Swiss civil code According to reports in leading Italian newspapers, dogs and cats in Switzerland will soon enjoy rights similar to those of human beings. Attitudes to such animals are quite different in the rest of Europe, where they are subjected to all forms of ill treatment and do not receive the slightest protection, are often used for cruel fights (e. g. the scourge of dog fights) and experimentation and where vivisection is still practised. Will the Commission take steps to ensure that firm rules are laid down in Community Member States as soon as possible in respect of domestic animals, such as the establishment of centres for stray animals? Will the Commission also consider the idea of proposing to Member States that a relevant clause be added to the civil code, as is happening in Switzerland? Given that animals have no legal capacity, maintenance or assignment of animals in the event of death or dissolution of the family. it could be decided that specific rules should govern the Answer given by Mr Fischler on behalf of the Commission (11 June 1998) The Commission is not currently aware of any modifications to the law of Switzerland along the lines referred to by the Honourable Member. In formulating and implementing the Community’s agriculture, transport, internal market and research policies, Member States and the Community are required to pay full regard to the welfare requirements of animals. This principle is included in a protocol to the Treaty of Amsterdam. The Commission does not, however, think that it is legally possible to confer rights on the animals themselves, therefore it prefers not to use the expression ‘animal rights’