Kostelka: Stalls not humane
In May 2004, a nationwide Animal Protection Act was jointly adopted by all parties represented in the National Assembly. The Act came into force on 1 January 2005 and set new standards for animal husbandry. At the same time, regulations were adopted, including in particular the 1st Animal Husbandry Regulation, which regulates the housing conditions for farm animals.
In the pig fattening production, 100-pound sows are kept in narrow, 70 cm wide and 1.90 cm long metal cages, called “Kastenstand” (crate). They can hardly move in these cages. Lying down and standing up is very difficult and leads to injuries and abnormal behavior. By 1 January 2013, companies holding sows must change to group housing. Even then, however, these crates are allowed under under EU law in the first four weeks after tupping and in the last week before the expected farrowing.
According to the 1st Animal Husbandry Regulation, which contains the relevant EU minimum standards, this is legal. But a lawyer working on this matter in a seminar paper regarded it as incompatible with the Austrian Animal Protection Act. Therefore, she contacted the Austrian Ombudsman Board.
The ex-officio proceedings that were initiated found that there was a case of maladministration and the Austrian Ombudsman Board gave a recommendation to the Minister of Health in September 2010.
The keeping of sows in “crates” allowed by the 1st Animal Husbandry Regulation and the massive restrictions of movements cause pain, suffering and damage and do not allow the sows to live a life according to their physiological and ethological needs.
This contradicts § 1 in conjunction with § § 5 para 2, line 10, 13 para 1 and 2 and 16 para 1 and 2 Animal Protection Act and makes the relevant regulatory provisions illegal.
Since regulations in the sense of the Federal Constitution adopted in the jurisprudence of the Constitutional Court must not only meet EU law, but also national statute, it is perfectly possible that a mandatory regulation legally allowed by the EU cannot be implemented and must be adjusted to national strict law. The keeping of pigs in crates were banned in some EU countries, therefore, already.
Doubtlessly, there are more humane and economical useful conditions, said Prof. Dr. Toxler in the broadcast. One only needs the know-how and good management. Even on organic farms, there are strict rules: the pigs live in groups, have enough exercise and their stalls are lined with straw. In summer they are outdoors, after the birth, the piglets remain with the mother for seven weeks.
Ombudsman Kostelka stressed that only by amending the 1st Animal Husbandry regulation, the legal situation would correspond with the animal welfare law.The attending representatives of the Ministry of Health pointed out that the maladministration determined by the Ombudsman will be taken very seriously and in the next few weeks a draft regulation is being worked out to improve the situation. The Animal Protection Act requires the consent of the Ministry of Agriculture for such adaptations.
Ombudsman Kostelka: "We are waiting for the draft regulation and will continue monitoring the developments. If nothing changes, we will appeal against the regulation before the Constitutional Court. "
Help for thalidomide-victims?
Already four times ‘Advocate for the People’ reported about the victims of the thalidomide scandal and a solution seemed closer – but until now, the case has not been closed.
In February 2010, the Austrian Ministry of Health announced to provide the victims with 2.8 million euros from Austrian means by the end of 2010. Several calls have been launched to register and determine which Austrian patients have not yet been recognized by the German Foundation and could benefit from a one-time payment.
"A solution is imminent, " said the Ministry of Health repeatedly, most recently in July 2010 – payments have not been effected yet.
The representative of the Health Ministry said in the broadcast of 8 January 2011 that budget funds in 2011 will continue to be available, but the investigation of the team of experts would take more time than originally expected.
Ombudsman Kostelka: "We have been discussing this issue already for 1 ½ years and in four broadcasts. This is about a gesture towards the victims who are very disappointed that one-time payments are only held out. At least, advance payments could be made to those persons where the thalidomide damage has already been confirmed. This also corresponds with the claim of a self-help group of thalidomide victims that hopes for speedy help.”