Legal status and protection of animals in South Africa
- Authors: Hartwig, Wendy
- Date: 2012
- Subjects: Human-animal relationships -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11118 , http://hdl.handle.net/10353/515
- Description: The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.
- Full Text:
- Authors: Hartwig, Wendy
- Date: 2012
- Subjects: Human-animal relationships -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11118 , http://hdl.handle.net/10353/515
- Description: The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.
- Full Text:
International legal protection of women's reproductive rights: a comparative analysis of abortion laws and policies in four jurisdictions-Nigeria, Ghana, South Africa and U.S.A.
- Authors: Abiodun, Adeleke Funminiyi
- Date: 2010-10
- Subjects: Abortion -- Law and legislation , Reproductive right
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/25839 , vital:64491
- Description: The subject matter of abortion law is extremely broad and multi-disciplinary. While naturally having its basis in criminal and constitutional law of individual states, the global development of abortion discourse has been influenced by the need to protect the reproductive rights of women as a sub-set of international human rights laws; thereby advocating not only the decriminalisation of abortion but also, that individual State should take affirmative actions in promoting abortion as a right for every woman. However, that induced abortion is a punishable criminal act or a “protectable” woman’s reproductive right remains controversial due to the plethora of perspectives, beliefs and reservations held by different groups of people which are multi-dimensional and contradictory. This thesis therefore attempts a comparative study of abortion laws and policies in four jurisdictions: Nigeria and Ghana, operating criminalised abortion laws, South Africa and United States which operate liberalised/permissive abortion laws and policies. The study basically examines the legal status and reproductive rights of women to legal and safe abortion within the existing legal framework of national laws of the four selected jurisdictions vis-à-vis the legal protection offered by various international instruments on human rights. While we show that strict and restrictive abortion laws, and also, failure of States to create conditions for safe abortion constitute infractions of the reproductive rights of women, we submit further that over-liberalisation of abortion laws and policies could also amount to infringement of the basic rights of other people, thus there is need to ensure a legal and acceptable balance. The study finally acknowledges the role of international human rights laws in the protection of women’s right to legal and safe abortion but asserts that there can be no universally acceptable morality to which the whole world could subsume in term of women’s right to abortion due to the interplay of socio-cultural, religious, and moral affiliations of the people in different communities. , Thesis (LLD) -- Faculty of Law, 2010
- Full Text:
- Authors: Abiodun, Adeleke Funminiyi
- Date: 2010-10
- Subjects: Abortion -- Law and legislation , Reproductive right
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/25839 , vital:64491
- Description: The subject matter of abortion law is extremely broad and multi-disciplinary. While naturally having its basis in criminal and constitutional law of individual states, the global development of abortion discourse has been influenced by the need to protect the reproductive rights of women as a sub-set of international human rights laws; thereby advocating not only the decriminalisation of abortion but also, that individual State should take affirmative actions in promoting abortion as a right for every woman. However, that induced abortion is a punishable criminal act or a “protectable” woman’s reproductive right remains controversial due to the plethora of perspectives, beliefs and reservations held by different groups of people which are multi-dimensional and contradictory. This thesis therefore attempts a comparative study of abortion laws and policies in four jurisdictions: Nigeria and Ghana, operating criminalised abortion laws, South Africa and United States which operate liberalised/permissive abortion laws and policies. The study basically examines the legal status and reproductive rights of women to legal and safe abortion within the existing legal framework of national laws of the four selected jurisdictions vis-à-vis the legal protection offered by various international instruments on human rights. While we show that strict and restrictive abortion laws, and also, failure of States to create conditions for safe abortion constitute infractions of the reproductive rights of women, we submit further that over-liberalisation of abortion laws and policies could also amount to infringement of the basic rights of other people, thus there is need to ensure a legal and acceptable balance. The study finally acknowledges the role of international human rights laws in the protection of women’s right to legal and safe abortion but asserts that there can be no universally acceptable morality to which the whole world could subsume in term of women’s right to abortion due to the interplay of socio-cultural, religious, and moral affiliations of the people in different communities. , Thesis (LLD) -- Faculty of Law, 2010
- Full Text:
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