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This document highlights the importance of harm-benefit analysis as a fundamental aspect of Swiss animal experimentation legislation. It discusses the accountability of applicants, including prospective and retrospective evaluations, and emphasizes that the infliction of pain or suffering must be justified by a significant benefit that outweighs the animal's suffering. The text addresses the practical challenges and deficiencies in implementation, including the risk of formalism and traditional inertia in scientific practices. It calls for stronger decision-making by authorities to align ethical standards with legislative requirements.
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Taking EthicalConsiderations Into Account? lic. iur. Vanessa Gerritsen Stiftung für das Tier im Recht (TIR) 27 March 2013, Messerli Research Institute, Vetmed Vienna
Harm-benefit analysis in Switzerland • harm-benefit analysis as integral part of Swiss animal experimentation legislation • severity grade catalogue (available at www.bvet.admin.ch) • accountability of applicants • prospective evaluation • retrospective evaluation
Harm-benefit analysis in theory and practice • Art. 19 Abs. 4 TSchG (Animal Welfare Law) infliction of pain, suffering, damage or anxiety to an animal must not be licensed if there is no evidence of a benefit overbalancing the animal's suffering Theory and Practice: nodding acquaintances
Harm-benefit analysis in theory and practice • in practice: mere formality • explanation that the meant project is able to contribute to the development of new therapies • rather 3R boards (with focus on refinement and reduction)
harm: severity concreteness benefit: importance concreteness Indispensable limit • the three stages of proportionality • applicability • necessity • harm-benefit analysis • doubts about applicability or necessity influence harm-benefit analysis!
Closing words • focus on implementation vast deficiencies in practice: • reduction to formality • untouchable science • stuck in tradition • examination of implementation • authorities decisionshave to be strenghtened
Thank you gerritsen@tierimrecht.org www.tierimrecht.org