| Dutch wildlife lives under protection of
the contemporary Game Act, the Flora and Fauna Act and
the Fishery Act. By these laws it does not matter how
many animals are killed by hunting them, just as long
as the species does not become extinct. Because these
animals belong to the wildlife, their well-being does
not have to be legally guaranteed. At most, rules are
being formulated against illegal hunting methods, in order
to fight poaching and amateurish hunt.
Besides "wildlife" there are animals that
do not live in freedom; animals that became domesticated
or are being kept as cattle. For these kinds of animals,
since the year 1992 The Netherlands have the Health
and Welfare Law for Animals.
This law aims to protect the well-being of the individual
animals. The fact that animals are being protected by
law, does not yet mean that in our society they have
rights. Under the law animals (still) are objects of
justice: movables of which the ownership can change,
that can be hired out and in respect of which it is
allowed to hunt and slaughter them. |
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Unlike a human being, the animal is not
a subject of justice: in our society it cannot carry rights
and duties. In our opinion in the Health and Welfare Law
for Animals an essential matter is being passed over,
that ought to be fundamental and natural for every living
creature, viz. to be entitled to freedom.
With regard to cattle farming though, a number of rules
are being wielded that resemble this: the so called "five
rights of animals kept in cattle farming".
When
it comes down to animals, man measures by two standards:
for wildlife other laws apply than for farm cattle.
Next to that, no laws and obligations are laid on people
in the normal companionship with animals, and only extreme
expressions of ill care or bad treatment are forbidden.
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