The Amended Turkish Animal Protection Act

Amendments to the Turkish Animal Protection Act, also known as the “Draft Bill Regarding Stray Animals”, have recently occupied the public agenda due to the proposed amendments. The proposed amendments are not in any way acceptable, whether it be in terms of public conscience, or in terms of progressive legal order.

Although the proposed amendments were brought to agenda with the claim that the regulations of the existing Animal Protection Act are insufficient, it is evident that the actual problem lies in the inefficient implementation of the existing regulations. The public has become aware that many municipalities have not fulfilled their legal obligations to date, have not carried out adequate vaccination and sterilization, and have not allocated human or financial resources in this regard. The relevant ministries have not provided necessary support to local administrations, nor have they imposed deterrent penalties on local administrators who fail to fulfil their obligations in this regard or have utilised the allocated resources for purposes other than that for stray animals.

The reproduction and trade of domestic animals have not been prohibited, and the adoption of domestic animals has not been efficiently and sufficiently carried out. Effective and deterrent penalties have not been imposed on those who torture and/or cull domestic pets or stray animals, those who abandon their own pets, or for those who engage in the reproduction and trade of domestic animals.

Adequate resources have never been allocated for the improvement of animal shelters, and conditions of the shelters continue to shock and anger the public. Experts and NGO’s state that dogs to be housed in these care centres without improving the current centre conditions will spread diseases that cause pain and suffering or diseases which cannot be cured, and that these animals will develop negative behaviours which may not be possible to control. Therefore, it is believed that amendments to the draft bill made as a result of deliberations of the relevant committee suggest that a solution that does not eliminate the threat to the livelihood of these animals and one which suggests and will lead to the mass killing of these animals.

While these issues are emphasised in all scientific opinions, the draft bill completely scientific guidance, is incompatible with the principles and techniques of law drafting and creates a new ground for social polarisation. The need to respect the right to life of stray animals, which have been a part of our society, history and culture and with whom we have lived together for centuries, is a fundamental principle of the progressive legal order. It is not impossible for the State to take the necessary effective measures which would relieve the discontent and conscience of all segments of society.

It should be reminded that in the preamble of the UNESCO Universal Declaration of Animal Rights, it is stated that all animals have rights, that the disregard and contempt of these rights have resulted and continue to result in crimes by humans against nature and animals, and that the recognition by the human species of the right of other animal species to exist is the foundation to the coexistence of animal species in the world, that respect for animals is linked to the respect of mankind, and that observing, understanding, respecting and the love of animals should be taught from childhood.

Despite such principles, seeking the solution in mass killing of animals and legitimizing this act will cause a serious detriment in the public conscience. The solution to the challenges faced should not come from removing stray animals from the public sphere, isolating them in animal shelters that threaten their lives, or attempt to create justifications for their culling. State resources should not be used for the culling of stray animals, but rather for the solution of the root causes, such as the reasons for the increase in the population of stray animals, and regulations should be made to serve common values and the relieve distress of the public conscience.

Gün + Partners Law Office acts with the vision of being responsive and sensitive to society and the environment in which we live and takes the necessary measures to protect stray animals in our vicinity. We believe that this Act should be withdrawn and that constructive and motivating solutions should be sought to protect living creatures and sustainable common living by considering the opinions of all segments of society concerning the matter at hand.