Executive Summary
The Animal Welfare Act 2004, amended in 2017, is the main animal protection legislation in Austria. This Act defines animals as ‘fellow creatures’ to humans and is largely applicable to all vertebrates, cephalopods and decapod crustaceans. The Animal Welfare Act 2004 prohibits the infliction of unjustified pain, suffering or injury to an animal, or exposing the animal to ‘extreme anxiety’, which illustrates that the mental wellbeing of animals is taken into consideration. In 2013, the Austrian Constitution was amended to include animal protection as one of its objectives. With regards to farm animals, Austrian legislation goes beyond EU requirements in some instances, notably through mandating a phase-out of the use of farrowing crates by 2033; limiting the stocking density of broiler chickens to 30kg/m2; and banning the tethering of dairy cattle and calves. Austria should also be commended for outlawing fur farming and foie gras production. The use of wild animals in circuses is forbidden.
Since the API was first published, Austria has banned the tattooing and the dying of an animal’s skin, fur or feathers. In 2017, the online advertising of pets for sale was banned. On 16 May 2017, the Minister for Hunting and Rural Affairs in the Austrian province of Lower Austria announced a ban on the hunting of captive-bred wild animals in enclosures.
However, there is still room for improvement in many areas related to animal welfare. Austria still allows animals to be slaughtered without prior stunning on religious grounds. Furthermore, the stunning of pigs using CO2 is carried out, which causes acute animal suffering. In addition, entertainment events causing animal cruelty such as horse and dog racing are allowed. Though animal protection is legislated at the federal level since 2004, hunting is still regulated at the state level, which creates some disparities in hunting seasons and hunting methods allowed. Some of the cruellest forms of hunting, such as hunting with dogs, are still allowed in Austria.
The Federal Ministry of Health is responsible for animal welfare in Austria and cooperates with the Federal Ministry of Agriculture, Forestry, Environment and Water Management to work on animal welfare issues concerning farm animals. Each of the nine Austrian states appoints an Animal Protection Ombudsperson to act as independent, non-governmental representative of the interests of animal welfare. Furthermore, there are three animal welfare bodies at the federal level: the Animal Protection Commission directly advises the Ministry of Health on animal welfare issues, in particular with regards to its animal welfare working plan; the Animal Protection Council drafts position papers using the latest scientific evidence available; and the Animal Protection Enforcement Advisory Board monitors compliance with animal welfare legislation.
The Government of Austria is urged to ban the confinement of farm animals – for instance, in sow stalls for pigs, and in cages for egg-laying hens – and the Government is urged to mandate the humane slaughter of all farm animals, with stunning prior to slaughter. The Government of Austria is also encouraged to ban all piglet mutilations conducted without anaesthesia. The Government of Austria is furthermore urged to outlaw entertainment events which cause animal suffering, such as horse and dog racing. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.