Animal Rights Treaty HA-6-6-6

At the present time, animals do not possess legal rights as that term is used in the context of human rights.  There are no animal rights 

treaties.  Person means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal 

entity and it has been left to the States to ensure that animals are people before the law.  The United Nations must clearly come to 

respect animal rights, as the United States and many nations have, to justify the Art of human rights by treating upon the rights of 

non-humans.  Non-humans are currently regarded as the property of their human owners, just as human slaves were in the 19th century.  

Although there are many laws that supposedly protect non-human animals (just as there were many laws on the books that supposedly 

protected human slaves), these laws are, for the most part, interpreted in favor of allowing humans to do almost whatever they want with 

their animal property, including slaughtering and eating them.  

In Animals, Property, and the Law, Gary L. Francione argues that the current legal standard of animal welfare does not establish rights for 

animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings.  

As property, animals are objects of the exercise of human property rights and do not have any of their own, although pet stores sell toys 

and conveniences for animals and animal care and veterinarians provide for the right to health care, whereby a significant sector of the 

economy can be attributed to human contributions to the welfare of pets and animals in general.  Whereas animals are not attributed with 

the capacity to represent themselves, in debate over the laws, numerous statutes have been written by humans to protect the basic rights 

of animals and numerous political organizations have been established to represent these rights and interests of animals.  

In the cases of spaying and neutering to prevent overpopulation, the euthanasia of stray of animals and slaughterhouses the relationship 

between humans and animals clearly meets the threshold of genocide as defined in Convention on the Prevention and Punishment of the 

Crime of Genocide of 12 January 1951, although the utmost concern is given for the perpetuation of farm animals as a species, nor have 

domesticated animals become endangered as the result of the practice of preventing births within the populace.  On the other hand millions 

of domesticated animals live happy, well adjusted lives with their human hosts, who love them like children.  It is hoped that the UN will 

unite animal rights theories from around the world in an official Animal Rights Treaty (ART) organization with the purpose of upholding 

the equal rights of animals and promoting ethical and humane treatment by representing the interests of non-humans, in human rights.

Art. 3 Veterinary Regulation

A licensed veterinarian means a person who has graduated from an accredited school of veterinary medicine or has received equivalent 

formal education as determined by the Administrator, and who has a valid license to practice veterinary medicine in some State.  Major 

operative procedure means any surgical intervention that penetrates and exposes a body cavity or any procedure which produces 

permanent impairment of physical or physiological functions. An attending veterinarian means a person who has graduated from a 

veterinary school accredited by the American Veterinary Medical Association's Council on Education, and has received training and/or 

experience in the care and management of the species being attended in accordance with the Principles of Veterinary Medical Ethics of 

the American Veterinary Medical Association (AVMA) (Approved by the Executive Board July 1999; revised November 2003) in the 

spirit of the Golden Rule.

Class ``A'' licensee (breeder) means a person meeting the definition of a ``dealer'' (Sec. 1.1), and whose business involving animals 

consists only of animals that are bred and raised on the premises in a closed or stable colony and those animals acquired for the sole 

purpose of maintaining or enhancing the breeding colony.

Class ``B'' licensee means a person meeting the definition of a ``dealer'' (Sec. 1.1), and whose business includes the purchase and/or 

resale of any animal. This term includes brokers, and operators of an auction sale, as such individuals negotiate or arrange for the 

purchase, sale, or transport of animals in commerce. Such individuals do not usually take actual physical possession or control of the 

animals, and do not usually hold animals in any facilities. A class ``B'' licensee may also exhibit animals as a minor part of the business.

Class ``C'' licensee (exhibitor) means a person meeting the definition of an``exhibitor'' (Sec. 1.1), and whose business involves the 

showing or displaying of animals to the public. A class ``C'' licensee may buy and sell animals as a minor part of the business in order 

to maintain or add to his animal collection.

Art. 4 Animal Domestication

Title 9 of the Code of Federal Regulations Sec. 1.1 Defines: Animal means any live or dead dog, canis familiaris, cat, felis catus, horse, 

Equus caballus,  nonhuman primate, guinea  pig, hamster, rabbit, or any other warmblooded animal, which is being  used, or is intended 

for use for research, teaching, testing,  experimentation, or exhibition purposes, or as a pet including birds, rats of the genus Rattus, and 

mice of the genus Mus, bred for use  in research; horses not used for research purposes; and other farm  animals, such as, but not limited 

to, livestock or poultry used or  intended for use as food or fiber, or livestock or poultry used or  intended for use for improving animal 

nutrition, breeding, management,  or production efficiency, or for improving the quality of food or fiber. 

Pet animal means any animal that has commonly been kept as a pet in family households in the United States, such as dogs, cats, guinea 

pigs, rabbits, and hamsters. This term excludes exotic animals and wild animals. Positive physical contact means petting, stroking, or other 

touching, which is beneficial to the well-being of the animal.  Weaned means that an animal has become accustomed to take solid food and 

has so done, without nursing, for a period of at least 5 days.  Random source means dogs and cats obtained from animal pounds or shelters, 

auction sales, or from any person who did not breed and raise them on his or her premises.

Farm animal means any domestic species of cattle, sheep, swine, goats, llamas, or horses, which are normally and have historically, been 

kept and raised on farms in the United States, and used or intended for use as food or fiber, or for improving animal nutrition, breeding, 

management, or production efficiency, or for improving the quality of food or fiber. This term also includes animals such as rabbits, mink, 

and chinchilla, when they are used solely for purposes of meat or fur, and animals such as horses and llamas when used solely as work 

and pack animals.

Wild animal means any animal which is now or historically has been found in the wild, or in the wild state, within the boundaries of the 

United States, its territories, or possessions. This term includes, but is not limited to, animals such as: Deer, skunk, opossum, raccoon, 

mink, armadillo, coyote, squirrel, fox, wolf.  Wild state means living in its original, natural condition; not domesticated.  Swim-with-the-

dolphin (SWTD) program means any human-cetacean interactive program in which a member of the public enters the primary enclosure 

in which an SWTD designated cetacean is housed to interact with the animal. This interaction includes, but such inclusions are not limited 

to, wading, swimming, snorkeling, or scuba diving in the enclosure. 

Exotic animal means any animal not identified in the definition of ``animal'' provided in this part that is native to a foreign country or of foreign origin or character, that was introduced from abroad. This term specifically includes animals such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as Ankole, Gayal, and Yak.  Hybrid cross means an animal resulting from the crossbreeding between two different species or types of animals. Crosses between wild animal species, such as lions and tigers, are considered to be wild animals. Crosses between wild animal species and domestic animals, such as dogs and wolves or buffalo and domestic cattle, are considered to be domestic animals. Endangered species means those species defined in the Endangered  Species Act (16USC(35)§1531 et seq.) that was reviewed in the Ruling Regarding the Threatened Endangered Species Act HA-8-10-05

Art. 5 Animal Housing

A retail pet store means any outlet where only the following animals are sold or offered for sale, at retail, for use as pets: Dogs, cats, 

rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds, and cold-blooded 

species. A Zoo means any park, building, cage, enclosure, or other structure or premise in which a live animal or animals are kept for 

public exhibition or viewing, regardless of compensation.  A Pound or shelter means a facility that accepts and/or seizes animals for the 

purpose of caring for them, placing them through adoption, or carrying out law enforcement, whether or not the facility is operated for 

profit. Primary enclosure means any structure or device used to restrict an animal or animals to a limited amount of space, such as a room, 

pen, run, cage, compartment, pool, or hutch.  A housing facility means any land, premises, shed, barn, building, trailer, or other structure 

or area housing or intended to house animals.  Indoor housing facility means any structure or building intended to house animals and 

meeting the following three requirements:

(1) It must be capable of controlling the temperature within the building or structure within the limits set forth for that species of animal, 

of maintaining humidity levels of 30 to 70 percent and of eliminating odors from within the building; and

(2) It must be an enclosure created by the continuous connection of a roof, floor, and walls (a shed or barn set on top of the ground does 

not have a continuous connection between the walls and the ground unless a foundation and floor are provided); and

(3) It must have at least one door for entry and exit that can be opened and closed (any windows or openings which provide natural light 

must be covered with a transparent material such as glass or hard plastic). 

Art. 6 Humane Slaughter

The federal Humane Slaughter Act accepts two methods of slaughter as humane. It states:  No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the two following methods of slaughtering and handling are hereby found to be humane: in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.  The Jewish or Muslim methods of administering a single knife stroke to cut the animal's neck and carotid arteries upheld in the Humane Slaughter Act that requires stunning before killing. Only a complete neck severance can make it clear that the arteries have all been severed and a stabbing or poking is not acceptable either from a traditional standpoint or a humane standpoint.  Congress was able to determine that the exemption for slaughter according to the Jewish tradition or similar traditions met standards of humane treatment, because a great deal of information was gathered concerning such practices.

The Hearings on the Humane Slaughter Act considered testimonials of physiologists and other members of the scientific community on the issue of the humaneness of the Jewish method of slaughter in the Humane Slaughtering of Livestock, Hearings Before a Subcommittee of the Senate Committee on Agriculture and Forestry on S.1636, 84th Cong., 2d Sess. (1956). Senator Hubert H. Humphrey, chair of the Subcommittee, stated on the floor of the Senate during the debate on the Bill found that: Not only is kosher slaughter accepted as a humane method of slaughter, but it is also so established by scientific research.  In Jones v. Butz, 374 F. Supp. 1284, 1291 (S.D.N.Y. 1974), aff'd, 419 U.S. 806 (1974) the exemption for ritual slaughter in the federal Humane Slaughter Act was upheld in the face of a challenge concerning the establishment of religion, the court noted found "a persuasive showing that Jewish ritual slaughter, as a fundamental aspect of Jewish religious practice, was historically related to considerations of humaneness in times when such concerns were practically non-existent." Moreover, the slaughter of animals according to a religious method that is humane under the Humane Slaughter Act is still heavily regulated. Virtually all such slaughter is subject to the provisions of the Meat Inspection Act. 21USC§601-645 (1967).

Outbreaks of Foot and mouth disease, pleuropneumonia, rinderpest, bird flu, and certain other communicable diseases of livestock or 

poultry can lead to extermination under 9CFR Sec. 53.2  Determination of existence of disease; agreements with States.  The 

Administrator is hereby authorized to invite the proper State authorities to cooperate with the Department in the control and 

eradication of any disease within the meaning of Sec. 53.1. Upon agreement of the authorities of the State to enforce quarantine 

restrictions and orders and directives properly issued in the control and eradication of such a disease, the Administrator is hereby 

authorized to agree, on the part of the Department, to cooperate with the State in the control and eradication of the disease, and, 

except as provided in Sec. 53.11, to pay 50 percent (and in the case of exotic Newcastle disease or highly pathogenic avian influenza, 

up to 100 percent, and in the case of infectious salmon anemia, up to 60 percent) of the expenses of purchase, destruction and 

disposition of animals and materials required to be destroyed because of being contaminated by or exposed to such disease: Provided, 

however, That if the animals were exposed to such disease prior to or during interstate movement and are not eligible to receive indemnity 

from any State, the Department may pay up to 100 percent of the purchase, destruction, and disposition of animals and materials 

required to be destroyed.  In Sec. 53.10 the Department will not allow claims arising under the terms of this part if the payee has not 

complied with all quarantine requirements.

In 1983, Gary Francione litigated the first case that raised the question whether Santeria animal sacrifice was protected by the free exercise of religion clause of the First Amendment to the United States Constitution. The New York courts, in the case entitled First Church of Chango v. American Society for the Prevention of Cruelty to Animals; 134 A.D.2d 971, 521 N.Y.S.2d 356 (Ist Dep't 1987), affirmed, 70 N.Y.2d 616, 521 N.E.2d 443 (1988), ruled that animal sacrifices were not so protected, and could be prohibited under the New York State anti-cruelty law, that is a neutral, generally applicable statute.  In the Brief in Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993) the Court held that there are good and bad reasons for killing animals, and classify religious reasons as bad. They are not in any sense religiously neutral or generally applicable.  The City of Hialeah has no areas that are zoned for slaughterhouses. However, the local Santeria adherents sacrifice an enormous number of animals each year. Based on the testimony of Petitioner Ernesto Pichardo, the district court calculated "that between 12,000 and 18,000 animals are sacrificed in initiation rites alone, during a one year period" in private homes in Dade County.  Zoning regulations clarified that ritual sacrifice was not a protected practice under the ritual slaughter exception to the Humane Slaughter Act, and that all slaughters could only be performed in areas zoned for that use.  "The ordinances at issue were passed because of the perceived need to prevent cruelty to animals, to safeguard the health, welfare and safety of the community, and to prevent possible adverse psychological effects on children exposed to such sacrifices." In re Slaughter-House Cases, 83 U.S. 36 (18 Wall. 1872), Humane Society of Rochester v. Lying, 633 F. Supp. 480 (W.D.N.Y. 1986); Animal Legal Defense Fund v. Provimi Veal Corp., 626 F. Supp. 278 (D. Mass. 1986).

Art. 7 Ethical Animal Research

To establish a legitimate animal research foundation for further work on this Chapter to be as effective as possible under the 

contemporary rule of law my father, a veterinarian is sought to submit this document to two of his veterinary colleagues, the 

three of whom, would constitute a review committee.  To make this research possible it is hoped that my father will pay me 

$300 for doing a month of research on the subject of Animal Rights to produce a respectable 50 – 100 page Chapter of Statute 

and Animal Rights Treaty.  Principal investigator means an employee of a research facility, or other person associated with a 

research facility, responsible for a proposal to conduct research and for the design and implementation of research involving 

animals.  Quorum means a majority of the Committee members wherefore decisions could be approved simply by the agreement 

of both my father and his second wife, who is a dog groomer.  The questions are when does the author have a free month? and 

can his parents afford this one month of legal research in their field of study?.

Field study means a study conducted on free-living wild animals in their natural habitat. However, this term excludes any study 

that involves an invasive procedure, harms, or materially alters the behavior of an animal under study.  Academic research involves 

the review of scholarly and governmental works pertaining to the care and treatment of animals.  The purpose of this academic work 

shall be to draft a comprehensive study on animal rights and ethics for the political development of the United Nations although most 

of the sources shall be from the USA.  The preliminary research shall involve reading the Title 9 of the Code of Federal Regulations 

Animals and Animal Property in search of links to the US Code such as the Animal Welfare Act Title 7 US Code Chapter 54 

§2131-2159 Act of August 24, 1966 (Pub. L. 89-544), (commonly known as the Laboratory Animal Welfare Act), as amended by 

the Act of December 24, 1970 (Pub. L. 91-579), (the Animal Welfare Act of 1970), the Act of April 22, 1976 (Pub. L. 94-279), 

(the Animal Welfare Act of 1976), and the Act of December 23, 1985 (Pub. L. 99-198), (the Food Security Act of 1985) and Horse 

Protection Act of 1970 (Pub. L. 91-540) as amended by the Horse Protection Act Amendments of 1976 (Pub. L. 94-360) 

15USC(44)§1821 et seq.

State Parties are sought to ratify this Animal Rights Treaty (ART) in hopes that the United Nations will be inspired to produce their 

first work of ART that would greatly help to justify the subdivision of Hospitals & Asylums (HA) into articles rather than subchapters 

in Title 24 of the United States Code on the ancient, scientific and beautiful grounds of equal rights between humans and animals.  The 

new Council on Human Rights is sought to draft the treaty.

Tony Sanders