Turkey's New Animal Protection Law: A Step Forward or A Step Back?

The importance of law in our daily lives cannot be overstated. It plays the most important role in shaping our social life, what surrounds us, and our well-being, both mentally and physically. The laws that we draft, vote for, and agree on are a reflection of our values as members of society, aiming to establish a framework that upholds cultural and moral standards. The laws we accept should embody these principles, ensuring justice, protection, and humane treatment for all members of society, including animals.

01 Aug, 2024

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Legal Updates

Ahmed Elnaggar

Founder, The Jurist, Managing Partner at Elnaggar & Partners, Founder and President at Emirates Legal Network

The importance of law in our daily lives cannot be overstated. It plays the most important role in shaping our social life, what surrounds us, and our well-being, both mentally and physically. The laws that we draft, vote for, and agree on are a reflection of our values as members of society, aiming to establish a framework that upholds cultural and moral standards. The laws we accept should embody these principles, ensuring justice, protection, and humane treatment for all members of society, including animals.

In Turkey, animals have been protected under the Animal Protection Law (the “Law”) (published in the Official Gazette dated July 01, 2004, and numbered 25509). The purpose of the Law is to ensure animals live a comfortable life, receive good and proper treatment, and to keep them away from the infliction of pain, suffering and torture and all types of cruel treatment. The Law also stipulates a duty of care on animal owners and makes it illegal to abandon animals. The language of the Law promotes adoption and humane care of animals, especially for those that are domesticated.

The recent amendments to the Animal Protection Law with the Law No: 7527 which have been accepted by the Turkish Parliament on July 30, 2024, have sparked significant protests and public outcry. With the amendments, it has become essential to keep stray animals in shelters until they are adopted, and it is forbidden to abandon the stray animals who have been collected by the local governments to anywhere but shelters or leave stray animals protected in a shelter outside of a care centre. Animals taken into shelters will be recorded in the Ministry's data system. The Law No 7527 also includes a provision (Art. 5) for the euthanasia of among the dogs taken to the shelters; those that pose a danger to the life and health of humans and animals, whose negative behaviour cannot be controlled, who have infectious or incurable diseases or whose ownership is prohibited. This has raised serious concerns among animal rights advocates, legal experts, and the general public.

Stray animals hold a significant place in Turkish society, with many citizens feeding and caring for them although they have caused some injuries or diseases from time to time as it is stated in the reasoning of the Law. This cultural affinity for stray animals has led to widespread public outcry against the new law. Protests have erupted across the country, with animal rights groups and the general public voicing their concerns about the potential for mass killings and the inhumane treatment of animals due to lack of adequate shelters across Turkey.

Legal experts and animal rights advocates argue that this provision fails to address the root cause of the stray animal population, which is the lack of effective sterilization programs. The existing Animal Rights Law, last revised in 2021, mandated municipalities to allocate a portion of their budgets to animal shelters and rehabilitation centers. However, many municipalities have not complied with these requirements, resulting in inadequate facilities and poor conditions for stray animals.

Animal rights advocates argue that effective sterilization and vaccination programs are essential for breeding control and humane treatment of animals. They emphasize the need for coordinated efforts between municipalities and relevant authorities to establish and maintain proper sterilization centers.

The UAE's Federal Law by Decree No. 18 of 2016 on the Protection of Animals outlines a more humane approach to handling stray animals. Article 2 of this law emphasizes the welfare of animals, ensuring they are provided with adequate food, water, and medical care. Article 3 mandates the establishment of shelters and veterinary clinics to care for stray animals, including necessary medical treatments like sterilization and vaccination. The law strictly prohibits any form of mistreatment or neglect, aligning more closely with international standards for animal welfare. The UAE law demonstrates that humane and sustainable solutions can be implemented effectively, avoiding measures that could lead to mass killings.

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