Germany Adopts A Pro-Animal Constitutional Amendment

BONN-- The Bundesrat, the upper house of the German legislature, on June 21 ratified an amendment to the national Basic Law which adds the words "and animals" to a phrase establishing environmental rights.

As amended, the phrase now reads, "The state takes responsibility for protecting the natural foundations of life and animals in the interest of future generations."

Kate Connolly, Berlin correspondent for The Guardian, of Britain, compared the amendment to a 1992 Swiss constitutional amendment which redefined animals as "beings" rather than objects.

"It means that the rights of animals will in theory be viewed more stringently in every area of life," Connolly wrote. "Previous [animal protection] laws, recognized in 11 of the 16 German states, governed only the conditions in which animals are held. The new legislation extends coverage to every type of animal, from household pets to those held in zoos."

"We hope this will bring a whole range of changes," German Animal Protection League president Wolfgang Apel told Connolly.

But Connolly noted that German minister for agriculture and consumer affairs Renate Kuenast, who pushed the amendment into effect, "has admitted that the law is unlikely to bring radical changes overnight."

Agence France-Presse reported that the amended phrase makes Germany "the first country in the European Union to give animals constitutional protection."

After the Bundestag, the lower house of the German legislature, approved the amendment 543-19 in May, Associated Press issued a similar but erroneous report, asserting­­with the Bundesrat vote still pending­­ that, "Germany has become the first European Union country to guarantee animal rights in its constitution."

Associated Press speculated that the amendment "could curtail experimentation by the cosmetics and pharmaceutical industries."

German minister for agriculture and consumer affairs Renate Kuenast explained, as Agence France-Presse paraphrased, that "The measure could lead to new legislation limiting the testing on animals of products like cosmetics and mild pain relievers. But Kuenast stressed," AFP said, "that human rights would still take precedence over those of animals."

The wording assures the supremacy of human interests by stipulating that the reason for protecting animals is "in the interest of future generations."

As AFP summarized, "Conservative opposition parties for years fought efforts by environmentalists to introduce a constitutional amendment on animal rights, saying it would tie Germany's hands in research and lead to a brain drain. But a widely criticized ruling by the constitutional court in January, authorizing the traditional Islamic [and Jewish] slaughter of animals without use of anesthetic, lent new momentum to the animal rights movement.

"The court ruled," AFP continued, "that religious freedoms were explicitly protected under the Basic Law, while animal rights were not. The new bill will, however, still give religious and scientific freedom precedence over animal rights."

In strictest interpretation, the amendment protects species rather than individual animals. Kuenast, however, is a blunt critic of institutional animal exploitation. She is among the senior Green Party office holders, a rare Green free market advocate, the first female agriculture minister in German history, and the third most popular political figure in Germany, according to recent polls.

Chancellor Gerhard Schroder put Kuenast in charge of agriculture in early 2001 to fulfill his election promise to place consumers' interest in getting healthy food ahead of the agribusiness interest in profits.

Kuenast took office denouncing factory farming, successfully introduced a ban on keeping hens in battery cages after 2007, and recently set about dismantling production quotas and subsidies that encourage factory-style dairy production.

Kuenast indicated that she believes the Basic Law amendment will help her efforts to limit the duration of time that animals en route to slaughter may be kept aboard trucks.