Chapter 1 Truly man is the king of beasts, for his brutality exceeds them... I have from an early age abjured the use of meat, and the time will come when men such as I will look upon the murder of animals as they now look on the murder of men - Leonardo da Vinci1 1.1. Introduction Throughout history animals have been and still are being employed positively to help humans in many ways. For example, animals are useful for transporting goods and heavy loads over land and mountains,2 protecting humans and their property, delivering important messages during war,3 and even affording them companionship. Animals are therefore kept alive for these reasons. Animals have also been used and are still exploited in that they were and are killed for food and clothing,4 are used for certain entertainment purposes5 and in experiments.6 Exploitation occurs where unfair advantage7 is taken of people or animals in an unjust or cruel way for one’s own gain.8 The most common forms of animal exploitation are cases of animals being used for commercial and scientific purposes. These include, but are not limited to, animal experimentation,9 breeding animals for food, and also to situations where animals are intentionally harmed or killed in certain ‘sports’, such as being hunted for ‘fun’, dog fighting and cock-fighting. Abuse of animals often occurs when they are being 1 (1452 – 1592) quoted in Pickover Animal Rights in South Africa (2005) 168. 2 Cooper Animals In War (2000) 199-212. 3 For example, homing pigeons used in World War I. Cooper Animals In War 96 – 112. 4 For example, fur, leather, snakeskin and also other accessories such as shoes, handbags, belts and wallets, as per Grant The No-Nonsense Guide to Animal Rights (2006) 89 - 102. 5 Such as hunting, fishing and racing. Grant The No-Nonsense Guide to Animal Rights 50 – 56. 6 Animals are often used to test for allergic reactions and the effectiveness of various ingredients and end products such as cosmetics, medicine/drugs, household detergents and so on. De Grazia Animal Rights: A Very Short Introduction (2002) 98 – 116. 7 In other words, they have either not consented to or are forced into accepting being used as ‘slaves’. 8 “Exploitation.” The Concise Oxford Dictionary of Politics (2003). 9 The United States of America Food and Drug Administration (FDA) has reported that up to 92 out of every 100 drugs that are successfully tested on animals, go on to fail the human clinical trial phase, due to dangerous side effects that are only noticed on humans. (e.g. birth defects, organ failure and even death) http://www.stopanimaltests.com/us-fda.asp (accessed 09/06/2008). [1] exploited, for example, “Factory farmed animals are generally kept in overcrowded, poorly ventilated and dirty conditions...”10 Factory farms “... operate just like any other efficient factory production line. They are highly mechanised and do not need a lot of staff. The difference is that the goods being processed are live animals rather than cars or televisions.”11 It is estimated that 25 billion animals (excluding fish) are slaughtered every year worldwide for food consumption.12 As of 11 November 2010, there is an estimated human population of just under 6,9 billion.13 Therefore it is submitted that for every one person, there are three and a half animals slaughtered every year. The Animal Welfare Movement and the Animal Rights Lobby have differing views on what constitutes exploitation of animals. The Animal Rights Lobby believes that the following human uses of animals are exploitative:14 1. Animals used as food (for both humans and animals [pet food]); 2. Animal hides, skin and fur used to make clothing and fashion accessories; 3. Animals used in research; 4. Animals used in the entertainment industry, i.e. in movies and advertisements; 5. Other forms of ‘entertainment’ in which animals are used, for example, hunting, fishing, bull fighting, animal acts in circuses, horse and greyhound racing, animals kept in zoos, as well as fish and marine mammals kept in aquariums and marine parks; 6. The use of certain terms when referring to animals, for example, ‘vermin’, ‘pests’, ‘it’, ‘that’ and ‘thing’; 7. The property status of animals; and 8. ‘Puppy mills’ and the sale of animals at auctions and sale yards, as well as the trade in wild animals. 10 Pickover Animal Rights in South Africa 166. 11 Pickover Animal Rights in South Africa 155. 12 Grant The No-Nonsense Guide to Animal Rights 28. 13 http://www.census.gov/main/www/popclock.html (accessed on 11/11/2010). 14 DeGrazia Animal Rights: A Very Short Introduction; Grant The No-Nonsense Guide to Animals Rights; Pickover Animal Rights in South Africa. [2] The Animal Welfare Movement views greyhound racing and puppy mills as exploitative,15 and advocates for the humane treatment of animals in and regulation of the following practices: 16 1. Animals used as food; 2. Animal hides, skins and fur used to make clothing and fashion accessories; 3. Animals used in research; 4. Animals used in the entertainment industry and for any other ‘entertainment’ purposes as listed above; and 5. This movement does not contradict the property status of animals. Both the Animal Welfare Movement and the Animal Rights Lobby advocate against the cruel treatment, neglect and abuse of all animals.17 1.1.1 ‘Speciesism’ and the link to human abuse In the 1970’s, Richard D. Ryder18 coined the term ‘Speciesism’ which is sometimes used to describe the abuse of animals. ‘Speciesism’ and is defined as human intolerance or discrimination based on species, generally manifested in the form of cruelty and/or exploitation of animals.19 Many studies have confirmed that there is a link between animal abuse and ‘human’ abuse, as well as a connection between animal abuse and violent criminals and crime.20 These studies conclude that where there is animal abuse, there may also be child or spousal abuse, and that there is an increased risk that people who abuse 15 Ibid. 16 Ibid. 17Ibid. 18 Ryder coined the term over 35 years ago. Ryder “All beings that feel pain deserve human rights” The Guardian, 6 August 2005 (www.guardian.co.uk/uk/2005/aug/06/animalwelfare (accessed 22/06/2009). 19 “Speciesm” The American Heritage Dictionary of the English Language 4th edition (2007). 20 The United States Federal Bureau of Investigation (FBI) has noted that both serial murderers and rapists have a history of animal abuse, torture and killing (Animal abuse and youth violence, The FBI Law Enforcement Bulletin, 1 April 2002 [http://www.fbi.gov/publications/leb/2002/april2002/april02leb.htm#page_25] accessed on 5/08/2010). “Animal Cruelty, Human Violence Linked in Humane Society Study” United States Department of Health & Human Services Administration for Children & Families July/August 2001 Volume 2 Number 4. Finkelstein “Canary in a Coal Mine: The Connection Between Animal Abuse and Human Violence” 2003 Bellwether 58 Fall. Van Heerden “The Link Between Animal-Abuse & Human Abuse” South African Animal Law Review Workship 13 August 2009. Linzey (ed) The Link Between Animal Abuse and Human Violence( 2009). [3] animals will eventually become violent criminals or commit violent crimes such as rape and murder. It is further suggested by these studies that the prevention or early detection of animal abuse will lead to the prevention and detection of ‘human’ abuse and violent crimes and criminals. The South African National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) website21 contains some useful information about the animal/human abuse link.22 The NSPCA has acknowledged that there is a growing amount of evidence that confirms the link between violence towards animals and violence towards humans and has introduced the First Strike Campaign into South Africa, which was originally created by the Humane Society of the United States. The aim of the First Strike campaign is to strengthening collaboration between animal welfare shelters, law enforcement officials, social workers, veterinarians, educators and others to create and implement strategies to reduce animal cruelty and family violence.23 In recent times, there are a few countries that have afforded animal welfare issues some recognition in their constitutions24 or that have guaranteed legal rights to some animals, however limited.25 In most legal systems, animals are still often considered things or objects that can be owned, sold or traded, i.e. animals are seen as property (legal objects). Historically, views of and attitudes towards animals have not remained static. Over the ages, animals have variously been viewed as soulless machines,26 as instinctual, unfeeling and unintelligent beings.27 Human attitudes have shifted through a period of dominating and exploiting animals,28 to the notion that humans have a God-given right to treat animals anyway that they see fit,29 on to isolated modern ideas suggesting that animals deserve to be awarded legal rights,30 alternatively that they are sentient beings.31 It is submitted that 21 www.nspca.co.za. 22 Under the education link – First Strike South Africa (http://www.nspca.co.za/page.aspx?Id=13&CateId=13&Category=Education [accessed 12/11/2011]). 23 http://www.humanesociety.org/ 24 See for example, Article 80 of the Federal Constitution of the Swiss Confederation of 1999 and Article 20A of the Constitution of the Federal Republic of Germany of 1949. These Articles will be discussed in Chapter 6. 25 See McNeil Jr “When Human Rights Extend to Nonhumans” New Yotk Times, 13 July 2008 (www.nytimes.com/2008/07/13/weekinreview/13mcneil.html?ex=1216699200&en=4e8fa5d6a11b8343&ei=50 70&emc=eta1 (accessed on 22/06/2009).