Results

Abstract: The labeling of shell eggs fails to reveal the inhumane conditions under which most laying hens are raised in the United States. Most of the eggs sold in major supermarkets come from factory farms. This article examines how the failure to regulate misleading animal welfare claims on egg labels creates a risk that consumers are buying products that they otherwise would not buy. This article explains why, from a moral and a legal standpoint, consumers should avoid purchasing most eggs.

In 2002, an animal protection clause was added to Article 20a of the German Constitution. Designed as a state objective, the nature of the animal protection clause decidedly influences its application. As a state objective, it is directed at all three branches of government, and each branch must ensure within its sphere of competence the realization of the stated goal. The Federal Constitutional Court has yet to address the precise scope of the provision.

This Article examines the likely future effects of the animal protection clause. With respect to the legislative branch, this Article addresses the question of whether the state objective demands that a standing provision be created for animal protection groups. With respect to the judicial and executive branches, this Article focuses on three fundamental rights that are most likely to come into conflict with animal protection: freedom of religion; freedom of teaching, science, and research; and freedom of artistic expression.

Seismic shifts in constitutional adjudication are not likely to be expected. The provision does not give rights to animals. However, at a minimum, it prohibits circumventing the Animal Protection Act by construing that statute in light of the Constitution. The animal protection clause removed the disproportionality between certain fundamental rights and the interest in animal protection. It mandates a balancing of constitutional interests and eliminates doubts regarding the constitutionality of the Animal Protection Act, especially with respect to the fundamental rights discussed.

This set of pleadings is from the Nonhuman Rights Project (NhRP). The NhRP filed the first-ever lawsuit on behalf of captive chimpanzees in New York. The suit includes a petition for a writ of habeas corpus, demanding that the chimps be released from private captivity to a sanctuary that is part of the North American Primate Sanctuary Alliance (NAPSA). In 2014, the petitioners sought review at the New York Court of Appeals.

The focus of this paper will be on an examination of these many challenges. The paper will begin with an overview of animal hoarding, how it is defined and the impact that hoarding has on the animals kept. The psychological implications of this behaviour will be examined, followed by the legal challenges prosecutors face in pursuing animal hoarders in court. The limits of Canadian criminal law to address animal hoarding will illustrate the difficulties in charging animal hoarders in this country. Finally, the paper will focus on the need for a more concerted approach to this problem by integrating legal, municipal and public health services in an attempt to better address the serious consequences for animals that result from this behavior.