From the Five Freedoms to a more holistic perspective on animal welfare in the Dutch Animals Act

Abstract

One of the aims of the Dutch Animals Act is to protect animal welfare. The assumption that animal welfare risks are managed and mitigated by the Act, however, has not been studied before. The aim of this paper is to evaluate whether or not animal welfare risks can be managed adequately under the current Dutch Animals Act and what modifications to the legislation could improve animal welfare in the Netherlands. For that purpose, welfare consequences identified in various supply chain risk assessments from the Office of Risk Assessment & Research (BuRO) were assessed in conjunction with the Dutch Animals Act and related legislation. A distinction was made between means- and goal-oriented legislation. The current Dutch Animals Act uses the “Five Freedoms” to define animal welfare. However, this seems outdated, given that current scientific insight also indicates that positive experiences should be included as an integral part of animal welfare. Currently, most welfare consequences in supply chains are linked to factors that are regulated by Dutch legislation as qualitative, goal-oriented, open standards. Furthermore, there is no species-specific legislation for some of the most common farm animals in the Netherlands, e.g., dairy cattle. By applying the latest scientific insights, both the current Dutch Animals Act and associated legislation can be improved to more appropriately manage animal welfare risks. As suggestions for improvement, we propose that the definition of animal welfare in the Dutch Animals Act is updated, that species-specific legislation for farm animals is developed where not already applicable, and that animal-based measures (ABMs) are integrated into legislation. As amendments to animal welfare legislation at the European level are currently being developed, our proposals to include the most recent scientific insights in animal welfare legislation also hold for European legislators.