2023-08-18 13:07:03
Can a healthy pet be euthanized?
Many readers have asked questions regarding animal rights in our live chat. Here is a selection of the answers from the expert Peter V. Kunz.
Even with sweet dogs and cats, there are always legal questions for the owner.
Foto: Gulnara Mandrykina (Getty Images, iStockphoto)
Can a vet euthanize a healthy animal if the owner wants it?
In principle, this is allowed. So if someone bought a pet during the pandemic and is overwhelmed by it, it is not strictly once morest the law to have it euthanized. Because according to the law, the animal is a thing – albeit an atypical thing. However, a vet can refuse this. And certainly there are more humane solutions than putting them to sleep, such as handing them over to an animal shelter.
What can I do regarding strange cats doing their business on my property?
You can scare away the cats. From a legal point of view, the only decisive factor is that you proceed proportionately. If you call out to the cat or throw a ball of paper, that’s no problem. However, throwing large stones at the animal or shooting it down with a gun is not permitted. If you injure or torment the animal, there is a risk of criminal prosecution – including damage to property.
The live stream to watch: Bern University professor and animal rights expert Peter V. Kunz in conversation with Peter Burkhardt, head of the economics department.
Livestream: Tamedia
What are the legal consequences if my dog seriously injures a child?
This is a sore subject. In this case, various legal aspects have to be considered. Firstly, this can have criminal consequences for the pet owner. He is responsible for the act as if he had committed it himself. It is therefore to be expected that the public prosecutor’s office will take action once morest the person responsible. Second, there is pet owner liability. The owner of the dog must pay for the damage caused. And that’s through no fault of your own. This can be very expensive if there is no liability insurance for the dog. And thirdly, the public prosecutor would inform the cantonal veterinary office. This office can take various measures. It can subject the dog to a character check, at most issue a ban on keeping animals and, in the worst case, even order that the dog be put to sleep.
Can I object to an order to euthanize my dog?
A keeper can challenge such a decision by filing a complaint with the court. It is even possible to move on to the Federal Supreme Court. I can understand if owners don’t agree with the killing of their beloved pet. However, success is questionable. Because such an arrangement is not usually made lightly.
The Bern University Professor Peter V. Kunz wrote the first overview of animal rights in Switzerland.
Photo: Nicole Philipp (Tamedia)
Can I injure or kill a stranger’s dog if it attacks my child?
It depends on whether proportionality is maintained. In the event of a dangerous attack, violent defensive measures are also permitted. In one well-known case, a man shot and killed two St. Bernard dogs that were attacking someone. The large dogs posed an immediate threat, so the court ruled the killing appropriate. If you injure or kill a dog, you are liable to prosecution for damage to property. But there can be justification for every crime. Legal experts speak of self-defense or an emergency. However, there is also the self-defence excess: If a harmless small dog is killed in the defense, there is a risk of criminal consequences.
As an owner, can you release yourself from liability with a sign warning of the dog?
If someone ignores the warning and is bitten, then it is their fault. If there is a court case, the warning has an impact on the assessment of the damages. This would certainly be deeper or might even be completely eliminated. However, the owner is also obliged to ensure that a dog is brought up socially and does not bite people.
A neighbor cuts up snails in the vegetable garden. is she allowed to do that
Unlike in some other countries, the Swiss Animal Welfare Act only applies to vertebrates. The law therefore does not provide any protection for invertebrates such as snails. I don’t think that’s convincing. Studies show that invertebrates also show avoidance behavior. 95 percent of all animals are invertebrates. If there were animal welfare for snails, cutting them up would be cruelty to animals. Today, however, it is unpunished.
To what extent is feeding strange cats allowed?
This often happens in practice. I am also aware of criminal proceedings as a result of foreign feeding. In this case, the cat suddenly sleeps with the neighbor who was feeding it. Legally, it was regarding appropriation of the neighbor’s cat, which is comparable to a theft. The woman was convicted. Although the higher court was acquitted, the case shows that the external feeding can have legal consequences. But regardless of legal aspects, it should be avoided: Even well-intentioned external feeding can be problematic, since animals become overweight or are given food that they cannot tolerate.
Can the property management ban the dog even though the lease doesn’t say anything regarding it?
Freedom of contract always applies. A landlord can therefore prohibit the keeping of dogs and other animals both in writing and orally. For example, it would be legally problematic if one tenant was allowed to keep cats in a house and the other was not.
Who Gets the Dogs in a Divorce?
In the event of a dispute, the judges can award the dogs to the party that allows better housing. If, for example, the man is very busy professionally and the former partner has more time to take care of the dogs, then she will keep the animals. Unfortunately, there are no visitation rights for animals. Alimony payments, as with children, are also not regulated for pets, although these questions arise in practice. Such regulations should be agreed upon in divorce conventions.
As a driver, am I allowed to kill the injured animal in a wildlife accident so that it does not suffer?
No. Anyone who kills a wild animal in such a situation is liable to prosecution. In addition, laypeople underestimate such cases. Anyone who is not an expert cannot reliably assess whether the wild animal might still be saved. Also, killing isn’t easy. In such cases, those affected must inform the game warden or the police immediately. The game wardens are on call and are usually on site quickly.
Can other animals be photographed?
Photographing a wild animal is not a problem because it does not belong to anyone. In the case of pets and farm animals, however, photography is generally not permitted without the consent of the owner. For example, in a stable, photographing affects the personality of the farmer who owns the animals. This is a problem for animal activists. Because secret photography is considered a violation of the farmer’s personality and can have legal consequences.
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