Ethics of Animal Experimentation PDF

The ethics of animal experimentation Prof. Samia Hurst Institut Ethique Histoire Humanités (iEH2) Université de Genève  Goals 1. Understand the issues of the moral status of animals and their historical and philosophical dimensions 2...

The ethics of animal experimentation Prof. Samia Hurst Institut Ethique Histoire Humanités (iEH2) Université de Genève  Goals 1. Understand the issues of the moral status of animals and their historical and philosophical dimensions 2. Become familiar with the main aspects of ethical positions underpinning approval or moral critique of animal experimentation. 3. Integrate values at play in animal experimentation, to make the right decisions in practice (especially when the regulation is unclear or not directly applicable). 4. Become conscious that positions hostile to animal experimentation are culturally on the rise in our country, and color legislation in this area to a certain extent. Hence a need for philosophical self-defense. 2  Overview 1. Animal experimentation and its current controversies 2. A few elements from philosophical ethics. 3. A few elements from history 4. Recap, and a bit of intellectual self-defense 3  Bibliography Peter Singer, Questions d’éthique pratique, Paris, Bayard, 1997. Jean-Baptiste Jeangène Vilmer, Éthique animale, Paris, PUF, 2008. Tom Regan, The Case for Animal Rights, Londres, Routledge, 1984. Jean-Yves Goffi, Le philosophe et ses animaux, Nîmes, Chambon, 1994. Hurst S., Mauron A. Expérimentation animale : une pesée en déséquilibre. Bioethica Forum, 2012 ; 5/1 :20-21. Marris, E. Animal research: Grey Matters. Nature. 2006; 444, 808-810. Forni. M. Laboratory animal science: a resource to improve the quality of science. Vet Res Commun. 2007; Aug;31 Suppl 1:43-7 Mauron A. Is the Genome the Secular Equivalent of the Soul ? Science 2001; 291: 831-832. 4 1. Animal experimentation and its current controversies. 5  A few introductory questions (W.Paton, 1993) Is it ethical to: – …do to an animal what you may not do to a human being? – …do to a human being what you may do to an animal? – …do to a plant what you may not do to an animal? – …conduct experiments on animals when they could technically be conducted on human beings who are durably deprived of consciousness? 6  Does an animal have a right to lead a ‘natural’ life? What does ‘natural’ mean? (usual behavioral patterns? Life expectancy in the wild or in captivity?) Does an animal have rights without responsibilities? 7  Human : Animal Where are the similarities ? Where are the dissimilarities ? Similarities / dissimilarities: what is their relevance: -scientifically -ethically 8  For whom it is good that we protect living beings / the biosphere Humanity To which we belong Living beings / the biosphere 9 What do we have duties to? 10 11 Where are the contradictions in this poster? And in the authors explanation (text below) 12  Distance and proximity 1. Phylogenetics: elapsed time since the last common ancestor. 2. Translational: biologically relevant similarities / dissimilarities, structure-function relation 3. Normative: « it is (is not) one of us, from the point of view of what we may (not) do to it ». 13  14 Source: Dawkins « The Ancestor’s tale »  Animal experimentation: a postmodern fable Is this chimp philosophically a person? Should he legally be a person? It would enable him to receive financial donations, and would prevent his sale and export to countries where protections are less strict… Matthew Hiasl Pan Is he behaviourally a person? Matthew passes the mirror test, uses tools, draws pictures, plays with human companions. Militants defend the position that chimpanzees show sufficient signs suggesting that they have a theory of mind. Knight A. The beginning of the end for chimpanzee experiments? Philos Ethics Humanit Med. 2008 Jun 2;3(1):16. The Austrian courts said no. But this is an ongoing controversy. 15  Animal experimentation: A scale of values? Value: intrinsic Deep interests instrumental relational non objective Experiential interests Needs Life 16  Animal experimentation Kant: « to possess the I in its representation: this power elevates humans infinitely above all other living beings… » « Treating animals with violence…is…more opposed to duties of a human towards himself » Bentham: the question is not « can they reason? » nor « can they talk? » but: « can they suffer? » Regan: « a treatment … is an acquired right which we can claim against moral agents who have a duty to offer us this treatment » ie, doctors. This does not justify a 17 transgression of the moral rights of others…  Federal legislation summarized Protection of human beings Protection of animals No subordination to the The interests of animals must interests of third parties. be taken into account, Human dignity is perhaps even its ’dignity’, but incompatible with a weighing this includes a weighing of of interests. interests. No degrading treatments 18  Paradoxes for the speciesist A smaller translational A human being can consent…or not distance means a better animal model – Giving equal weight to humans and animals could mean that animal research was less acceptable than human research. – In the case of But maybe we are the wrong path. A non autonomous neurosciences research, animal cannot have an interest in having it’s autonomy a smaller translational respected. distance means a smaller normative We need a less anthropomorphic understanding of distance… animal interests. What remains: interests such as living and not suffering, and the notion that animals have no reason for solidarity with human patients. 19  Paradoxes for the anti-speciesist The anti-speciesist presupposes a fundamental equality between humans and nonhuman animals. This equality is modulated by the strength of special interests involved. But from Bentham to Peter Singer, anti-speciesist have been very selective in the choice of interests that have a meaning to both humans and animals.. However, humans have all kinds of interests promoted by animal experiments that have no equivalent in animals: delaying death, planning living conditions for a healthy life, concerns about ensuring that everyone has equal access to equitable health care. 20  What do we need to share to share moral worth? -A species? -The capacity to suffer? -Dignity? -Rights? -Self-recognition? -Morality? 21 «While we share many activities with animals, such as eating, sleeping, and reproducing, no combination of such activities comes anywhere near exhausting the richness or normal adult life, where love, family, friends, art, music, literature, science, and the further products of reason and reflection add immeasurably to our lives». R. G. Frey 22 2. A parenthesis: a few general concepts of philosophical ethics. 23 We have more than one moral principle PLURALISM Reasonable people can disagree on their priority DIVERSITY Unusual situations bring this out ‘NEW PROBLEMS’ 24  Do good Do right Seek good Respect persons consequences Avoid bad Be fair consequences International laws and guidelines Professional guidelines and regulations National laws and guidelines Local committees and regulations 25  Utilitarian Ethics The utilitarian point of view: An action is assessed in terms of its consequences (good / bad) measured from an egalitarian and impartial viewpoint. (cf. Hottois et Missa: article « Utilitariste (éthique) » 26  Consequences for Animal Ethics The utilitarian perspective focuses on the effects of human intervention on the animals: - Negative: pain, anxiety, discomfort, limited behavioral repertoire. - Positive: satisfaction of needs, ability to exercise behavior typical of the species. Although utilitarianism inspired some opponents of animal experimentation (Singer), this is not an unequivocal conclusion. Much of the "normal" legislation regarding animals (for experiments, labor, or company...) is implicitly utilitarian. 27  Deontological Ethics An action should be assessed through its conformity to rules-obligations-duties which apply regardless of the consequences. 28  Consequences for Animal Ethics This gets complicated, because there are two possible readings that are diametrically opposed to one another: Autonomy is the foundation of the Animals have their own moral status of beings: immeasurable intrinsic value, even their own "dignity", which fulfills for Ø radical anthropocentrism animals the same function as autonomy and dignity in the Kantian framework. Ø The result is a radical opposition to any manipulation of animal (Regan) for any human goal. 29 There is a third tradition based on Hume Hume is the opposite of Kant on the question of the roles of reason and emotions as the basis of morality. 30  David Hume In his Treatise of Human Nature, Hume proposes a "philosophical anthropology" which reverses the pattern largely presupposed by the previous philosophies. Emotions are in command, reason is causally ineffective and has only a secondary epistemic role. The main axis of human activity is through the sensations and emotions. 31  Consequences for Animal Ethics The basis of animal ethics is not strictly rational: it relies on the sympathy that some animals inspire in us (or not). 32 3. A brief history of human-animal relations and the associated philosophical positions. 33  Sources of animal ethics 1- judeo-christian heritage Standard interpretation: submission of creatures to man, nature is an instrument for human beings (current examples: ecologist militants blame occidental civilisation and christianism). 34  Sources of animal ethics 2- Heritage of classical antiquity This legacy is complex but at least two elements: 1. A metaphysics that is very concerned about the notion of the individual, about essential properties defining categories of ‘stable’ beings. Other cultures reason less in terms of being, of things, of clear frontiers between beings, but in terms of processes, multiple identities which apply to persons, animals, and sometimes inanimate objects. 2. Distinction between "noûs" (intellect, the ability to know) reserved for men, and teleology (ability to perform purposed behaviors ), common to man and animals. 35  Aristotle reproduction and Vegetable Vegetable soul nutrition Animal Sensitive soul sensation and desire Human being Rational soul Will and intellect 36  Stoïcs: anthropocentrism. « What is good in man, is what is only present in him » Seneca But among other thinkers there are critiques of anthropocentrism: Exhaltation of animal intelligence, vegetarianism of the Pythagoricians. 37  Augustin d’Hippone «This precept [you shall not kill], some go so far as to apply it to wild animals and servants: to hear them, we may not do away with any of them. And why not plants as well? These things, although deprived of sentience, are alive. […] Should we thus make it a crime to tear out underbrush? […]. Let us set aside these follies. When we read “you shall not kill”, we do not think that it includes plants, which feel nothing, nor animals, deprived of reason whether they fly, swim, run or crawl. It has not been given to them to be part of our family..» (City of God [free translation], I, xx) 38  God The hierarchy of beings Spiritual beings Angels (scala naturae) Humans Animals Material beings Plants Minerals 39 3- Medieval Christian Europe Medieval Civilization: hesitation on the status of the animal, but it is fundamentally considered to be lower than human status Nature is corrupted by original sin, which also affects animals. Vegetarianism, when preached, is never based on the imperative not to kill. Thomas Aquinas: subordination of animals to humans because of their nature (vs. sensitive soul. rational soul). 40  But nothing is simple… The small Tyrolean town of Glurns (currently in Italy, near the Swiss border) was the scene of a famous trial against animals "In 1519 a most curious trial was held in Glurns. Judge Conradin von Spergser brought a legal action against voles that devastated the area around the city because it no longer seemed to find another way to defend against this calamity. After an extensive investigation, conducted in the presence of a lawyer committed to the defense of voles, the following sentence was taken. Voles were recognized as innocent by nature, but were nevertheless ordered to leave the area. In view of the situation created by the number of newborns and bearing females, a delay of 14 days was granted to them twice.” http://www.geschichte-tirol.com/ortsgeschichte/bezirksgemeinschaft-vinschgau/glurns-1024.html (traduction Alex Mauron et Samia Hurst) 41  The issue of animal innocence haunts a Christianity steeped in the thought of original sin 4- Cartesian modernity. After the end of the Middle Ages, the idea that animals can have a share in original sin seems less plausible. Hence a new theological problem: where does the suffering of animals come from, if they are believed to have been created by a just God? For human suffering, there is no problem, since we are all guilty (for theologians): « Nemo miser nisi mereatur » (nobody suffers if he did not deserve it) Augustin > The animal-machine. No word = no thoughts = no pain 42  The animal-machine This is hard core Anthropocentrism Note that it does not necessarily justify cruelty vis-à-vis animals, but it can be condemned only by an indirect argument, according to which animal cruelty generates, legitimates, or accustoms us, to cruelty toward humans (Thomas Aquinas> Kant) 43 5- Classical utilitarianism and pathocentrism cogito ergo sum> patior ergo sum: it is the capacity for suffering that counts morally Jeremy Bentham (early 19th century), social reformer and founder of utilitarianism: the actions and practices are assessed in terms of their consequences> calculus of happiness « The greatest good for the greatest number » (but the nature of the property in question may be controversial). intellectual posterity: contemporary utilitarianism (Singer) Legal posterity: uncontroversial utilitarianism of much of today’s legislation to protect animals: animals experience suffering and discomfort, it is therefore a duty of humans who are responsible for animals minimize this suffering and these discomforts and promote the well-being of these animals. So it is the duty of responsible human animals to minimize suffering and these discomforts and promote the welfare of the animals in question. 44 6- Kantian anthropocentrism intellectual posterity: modern anthropocentrists thinkers (P. Carruthers, L. Ferry) NB. Kant is also invoked by contemporary thinkers who are radical opponents of animal experimentation and who adopt a reversed Kantian position : animal rights (T. Regan). Here the Kantian reference is to the notion of an ethics of rights and obligations. Of course, Kant would have been horrified by this extension to non-human beings of his conception of dignity. 45 7- Biocentrism Pietistic and romantic theology of the 19th century, mainly Protestant and German. Albert Schweitzer: sanctity of living nature. « I am life that wants to live, among life that wants to live » > Notion of intrinsic value of organisms The concept of "dignity of creatures" (Article 119, CF, translated as "dignity of animals" in the LPA) has biocentric roots: a notion that animals have an intrinsic value, that is, independent of humans. 46 4. Recap 47  Summary 1: human-animal relations The controversy over the status of animals is old. In the relationship between man and animal, there are elements of: -proximity -distance – One is tempted to invoke the elements of proximity to treat animals like humans (> vegetarianism, no animal testing, etc..) And distance elements as arguments in favor of a different treatment (> eating meat, animal experimentation, etc.). 48 The fundamental problem is that the elements of proximity and distance are often two sides of the same coin. They do not have, as such, any obvious normative implications (see also the problem of the is-ought fallacy) Examples of theories suggesting continuity and yet without robust normative value: – Aristotelian theory of development (during embryonic development, the human being is "plant“ then "animal", then finally acquires a rational soul) – evolutionism (the human species is not "radically" other, because it is the result of an evolution rooted in an animal past). – reincarnation (community of Karma between men and animals). 49  Interactions between ethical positions: anthropocentrism vs. biocentrism «Hard core» anthropocentrisme – Objection: it is counter-intuitive to make a compulsory move through human interests to condemn mistreatments of animals. Indeed, if an animal is being abused, we do indeed have the impression that it has been wronged. 50 Classical utilitarianism (Bentham, Singer): it is the capacity for suffering which counts - Objection: paradox of suffering (eg a man with adequate analgesia could be treated as an animal). paradox of stages of development (eg a adult chimpanzee deserves more respect than a human newborn). - Réponse: Extended utilitarism: confort, well-being, preferences 51 Biocentrism: intrinsic value of the organism independently of any human evaluation – Objections: 1. The paradox of impossible equality between man and animal (homo sapiens alone is creator of values, the distinction between moral agents and moral objects). In radical biocentrism, non-humans have the starring role! 2. The ambiguous use of evolution in animal ethics (should ethics "follow" the natural order or oppose it?) 3. "Nature is the source of values" is a performative contradiction. 52  Contemporary styles of argumentation 1- The problem of speciesism: the notion is that of an ethical and legal privilege is being granted without a priori reason to the species Homo sapiens. Racism> Colonialism> Sexism> ageism >>> "speciesism« this intellectual lineage has great rhetorical force but does not constitute, as such, an argument. 53  The anti-speciesist position 2. Presupposes a principle of equality: conflicts of interests (or rights) between animal and man are conflicts between interests (or rights) which are a priori equal. To decide, we must introduce secondary distinctions: - which organism has a greater capacity to suffer? - which organism is more likely to suffer ? -what is the place of each organism in the scale of living beings ? These criteria are rejected by radical egalitarians (to them, an organism must count for one, neither more nor less) 54  Problems of anti-speciesism: the paradoxes of sentience 100 80 60 fœtus "sentience" ! newborn 40 adulte 20 0 homo pan 55  Among the higher animals there are necessarily adults with greater psychological capacities and a "sentience" than some members of the species homo sapiens: Ø If you want to stay strictly anti-speciesist, either you must forbid experiments on higher animals, or you must experiment on some humans rather than on certain animals. But this clearly goes against the principle of pre-required animal experimentation before human experimentation, and thus against human rights (see Singer "case"). 56 3. To have rights –obligations - interests Animal ethics sought to establish limits on animal testing, or even a prohibition, on two very different philosophical underpinnings. 1- animals have interests which must be balanced against human interests: P. Singer, utilitarianism. 2- Animals have rights to balance against human rights T. Regan, human animal. Problem: if animals have rights, they have only rights and no duties > problem of the impossible equality between humans and animals 57  Weighing rights or interests Hierarchy of human interests: - Survival - Ensure the physical bases of a dignified life - Health, advancement of knowledge - Prosperity beyond the bare necessities … - « Luxury » (?) Question: Where do we put the bar to justify or prohibit animal experiments? What human interests outweigh the interests animals affected by animal experimentation? 58  What « counts » for animals? Evils to avoid, goods to promote 1- suffering The notion of suffering is adjusted according to the species: pain, discomfort, anxiety, stress etc.. 2- Promotion of well-being Concept of a behavioral repertoire that is species-specific (definition presents difficulties “at the limits“: in what environment? difference between the average and the ideal) 3- continuation of life (distinct from the problem of suffering!) Does an animal have an interest/right not to be killed? 59  The « dignity of creatures » Art. 119 consecrates a biocentrist position which tends to be hostile to animal testing. As a first approximation, "dignity of creatures" means that living organisms have an intrinsic value that commands respect. Dominant interpretation: 1 - creatures are animals and plants (for microorganisms, it is not too clear...) 2 - dignity goes beyond the "sentience", it refers to "features and capabilities that a living being belonging to a given species can typically practice" (KP Rippe). Under Swiss law, the interpretation of this notion rests with the Federal Ethics Committee for genetic engineering in non-human. An unfortunate choice because it suggests that the dignity of the animal has to do with the "integrity" of its genome (Mauron, 2001). 60  The classical notion of (human) dignity The human person has a value, it has no price. It can not be bought and sold. It has fundamental rights that cannot be weighed against other considerations. Applied to human beings, the concept of dignity makes impossible the kind of calculations considered in the utilitarian concept of interests and preferences. But: the dignity of animals cannot have the same implications, without giving them rights which are specifically human (extra commercium status, the same right to life as humans, etc..). See later. 61  Summary 2: animal ethics, situating the problem (1) Anthropological difference: what distinguishes humans from animals – Problems of the upper limit: homo sapiens, apes…? – Problems of the lower limit: mammals ? vertebrates ? cephalopods perhaps? Or is the problem that of living beings in general and of their ‘dignity’? (art. 119, CF) ? 62 Animal ethics: situating the problem (2) The paradox of the anthropological difference There are members of the species homo sapiens whose rational faculties are diminished, absent, or developing, and are therefore lower than those of the members "typical" of other species. Example: compare: the human embryo or fetus, the severely disabled, comatose patients, etc. the adult chimpanzee. – Therefore: If it is the current "rational" properties of individuals that count to determine their moral status... Then wherever we place the limit of moral status there will be animals above and humans below it… 63 X adult chimpanzee X human foetuses But what is the right way to pose the problem...? 64  Animal ethics: situating the problem (3) The paradox of the anthropological difference : how to get out? At first glance, there are three solutions: 1. Invoke potentiality (a human embryo has the potential to become a person, that is not the case of a chimpanzee embryo) -> A human embryo is to be treated as a potential human 2. Invoke the properties typical of the species (the typical human is smarter than the typical chimpanzee) 3. Bite the bullet on speciesism 65  There is dignity and dignity The concept of dignity is polysemic Its anchoring is most robust and least controversial in ethics (and legal texts) dealing with fundamental rights of human persons. The more we depart from this intepretation, the more we advance into an area full of conceptual uncertainties and philosophical controversies. We will explore these different meanings of dignity, starting with the most stable and going towards the most controversial. 66  1. Human dignity as "negative" right Invoke human dignity is primarily a defense against degrading treatment. Examples: ban on torture, on the death penalty. European Convention on Human Rights: Art 3. No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Protocol. 6, art. 1. The death penalty is abolished. No one shall be condemned to such penalty or executed. 67  The prohibition of slavery The Provisional Government, Decree of abolition of slavery, Considering that slavery is an attack against human April 27th 1848 dignity; that by destroying the free agency of man, it removes the natural principle of right and duty; that it is a flagrant violation of republican dogma: Liberty, Equality, Fraternity (...) Decrees: Article 1 Slavery is completely abolished in all French colonies and possessions,... From the promulgation of this decree in the colonies, corporal punishment, any sale of non-free will be absolutely prohibited. (...) 68 The prohibition of inhuman and degrading treatment 69  2. Human dignity as a personal right (entitlement) Right to a minimum subsistence necessary for a life in dignity. Art 12, Federal Constitution: Whoever is in distress and is not able to maintain herself has the right to be helped and assisted and given the means necessary for leading a life in conformity with human dignity.[translation by speaker] An old idea, derived from the Enlightenment: Adam Smith: « By necessaries I understand not only the commodities which are indispensably necessary for the support of life, but whatever the custom of the country renders it indecent for creditable people, even of the lowest order, to be without. » 70  The non-negotiable character of dignity It is in these two indisputable applications that dignity takes on the whole Kantian sense and is not negotiable against other values. Example: you cannot claim to respect human dignity and undermine the prohibition of torture in the name of national security. 71 3. The prohibition on instrumentalizing human beings This Kantian formulation of the categorical imperative is a consequence of fundamental human rights. Typically, ethics, and (sometimes) the law seeks to extend the application of this prohibition to human realities other than persons in the usual sense. Example: the status of the human embryo. In Swiss law, which permits abortion, in vitro fertilization, and research on embryonic stem cells, it is clear that the Kantian ban is not absolute for embryos, unlike for people. To say that we should not instrumentalize embryos (cloning, preimplantation diagnosis etc.) obviously has a different meaning than the ban on instrumentalizing persons. 72  The example of the human embryo reveals a second concept of dignity, which does not have all the implications of human dignity in the strict and absolute sense. The essential difference is that “instrumentalizing” practices are not banned outright. With this "dignity prime" a weighing of values ​is both possible and necessary (Güterabwägung). This “dignity prime”, however, is a rather vaguer concept than the original concept of dignity. 73  4. Dignity of animals The concept of dignity of animals is interpreted in terms of the "dignity prime": the animal has a form of intrinsic value, but it can be balanced with human interests: food, medical research etc.. NB: In a consequentialist perspective, it seems reasonable to support the intrinsic value of the animal on an empirical fact: the animal is sentient. On this basis, it is plausible to assign interests. Clearly, this is not the case of the human embryo. In this sense, we can say that the concept of dignity of animals is stronger than the dignity of the human embryo, because this concept can be made operational in terms of empirical realities: those are the well-being of the animal. Unfortunately, fundamentalist conceptions of the dignity of animals also exist (including in the federal administration), based on an essentialist conception of dignity which is supposed to reside in an “intact” genome. We are in the midst of genomic essentialism, which has been refuted for half a century by philosophers of biology. 74  5. Dignity of creatures (« Würde der Kreatur », art.120 CF) This is the most problematic use of the concept of dignity. Assigning dignity to all living organisms, even those who have no sentience, requires adhering to a biocentric ethic. Such an ethic can inspire extreme positions (deep ecology). In addition, in its milder forms, it is more of a belief, even a pantheistic religion, rather than a philosophical thesis. As it turns out, creationist language used to speak of living beings is introduced into the Constitution of a modern state (this did not escape the notice of the French drafters, who translated the concept by "integrity of living organisms", which unfortunately introduces other possibilities for misunderstandings...) 75  Dignity: an inflationist concept There is a real problem. The concept of dignity has enormous rhetorical force. This comes from its unquestionable meanings and from memories of struggles that helped earn the respect of fundamental human rights. So, it is tempting to use the term dignity any which way, including in contexts where its relevance is controversial. The risk is of course to dilute the concept until it has lost most of its meaning and legitimacy. This would be a dangerous development because it could remove credibility to the concept of dignity in its most important and most necessary applications: t​ hese applications regard only the human species. 76  Conclusions (1) Conducting animal experimentation is an implicit ethical choice:...for a moderate anthropocentrist position, corrected with a (small or large) dose of pathocentrism. It is compatible neither with biocentrism, nor with radical egalitarianism between humans and animals, nor with a concept of animal dignity analogous to human dignity 77  Conclusion (2) Moderate anthropocentrism: 1 - human dignity cannot be weighed against the value of the animal. 2 – in contrast, there is a weighing of values to be done between: - The importance of the objectives of the research (hierarchy of goals), and - The importance of burdens inflicted on the animal (hierarchy of disadvantages / damage / injury to dignity of the animal (if we accept that language)). 78  Conclusion (3) The "antivivisectionnist“ position is fundamentally religious and non-rational. It is underpinned by a conceptual mistake: to arbitrarily extend the domain of morality (which is essentially an intrahuman "language game") to increasingly large spheres of beings and relationships, which are increasingly foreign to humans. Throughout this extension, however, the traditional moral arguments - whose strength and rationality are already fallible - fray and give way to declarations of faith. 79  Conclusion (4) Flat positivism for which "it is in the law, so it's true" is an attitude unworthy of intellectuals in general and scientists in particular. Regulation of animal experimentation, like legislation on other topics related to life sciences in Switzerland, is increasingly imbued with ideology. It is both the right and the duty of Swiss researchers to criticize this tendency and to oppose - including on philosophical grounds - the irrational and semi-religious beliefs that increasingly shape the attitudes of Western societies towards animals. 80 Shanghai (T. Overgaard, 2011) 81  02.07.2020 These are my Best Friends  Swiss Legislation on Animal Protection and Experimentation Phoukham PHOTHIRATH, PhD, ERT Head, Animal Welfare Unit EPFL Centre de PhénoGénomique Réseau des animaleries lémaniques Réseau des animaleries lémaniques Topics Swiss legislative elements - Stratification 1 The Swiss Regulations Federal Law 2 Organization of Animal Experimentation 3 Animal Experimental License Federal Ordinances 4 Experiment Follow-up Cantonal Application 5 Legal Requirements for Animal Facilities The cantons are sovereign Cantonal rules or application thereof may: 6 Contact and Information Differ between cantons Be unwritten Réseau des animaleries lémaniques Réseau des animaleries lémaniques Be more restrictive than the federal laws /ordinances  02.07.2020 Concepts A Bit of Background 1/2 Research with animals is performed in a highly regulated The dignity of animals environment. It is forbidden to induce in animals unjustifiably: Animal Welfare/Protection is a federal matter and mentioned 1. pain, in the Constitution. This constitutional status of AW as an essential principle of 2. suffering or damage society. 3. stress or anxiety This resulted in an AW act. This act is based upon the dignity and well-being of animals 4. undermining their dignity another way and is prohibiting both cruelty to animals and disrespect of their dignity. It is forbidden to abuse animals, neglecting or overworking Harsh punishment is entailed; maltreatment of animals can unnecessarily. theoretically be pursued. Réseau des animaleries lémaniques Réseau des animaleries lémaniques A Bit of Background 2/2 Animal Protection Act (LPA) 1973: Constitution Art. 80: Animal Welfare is a federal matter 1978: Animal Welfare Act (AWA, SR 455) Legal cornerstones: 1981: Animal Welfare Ordinance (AWO, SR 455.1) o Experiments with animals must be limited to the indispensable extent and ethically justified 2005: Revision of AWA o Anyone who is concerned with animals must safeguard 2006: Revision of AWO their welfare o An experiment with animals must not be authorized if 2010: Ordinance on Animal Experimentation (SR 455.163) the goal of the experiment can be achieved by using 2012/14: Revision of AWA and AWO alternative methods. 2018: Revision of AWO – Institutional Animal Welfare Officer Réseau des animaleries lémaniques 7 Réseau des animaleries lémaniques  02.07.2020 System of animal protection legislation Which experimental animals are concerned by the LPA? Animal Protection Act LPA Decapods, Cephalopods Animal Protection Ordinance Animal Experimentation Ordinance OPAn (455.1) OExA (455.163) Vertebrates DFE Ordinance Ordinance on the computer sytem Embryonic stages from the last third of pregnancy on training for keeping animals management of experimental animals Larval stages of fishes and amphibians which show food and how to handle (455.109.1) O-SIGEXPA (455.61) intake Cantonal application regulation (Geneva: on 2011, Vaud: on 2012) Guidelines of the Federal Veterinary Office Réseau des animaleries lémaniques Réseau des animaleries lémaniques Topics Organization of the Animal Experimentation 1 The Swiss Regulations Federal Veterinary Office Federal Commission for Animal Experimentation 2 Organization of Animal Experimentation Cantonal Authority Cantonal Commission 3 Animal Experimental License Geneva: Dr. Astrid ROD for Animal Experimentation Vaud: Dr. Giovanni PEDUTO 4 Experiment Follow-up Animal Welfare Director of Animal Director of the Animal Facility Officer Experimentation 5 Legal Requirements for Animal Facilities Animal Caretakers Study Directors 6 Contact and Information Experimenters Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Cantonal Committees on Cantonal Veterinary Authorities Animal Experiments Deliver licenses Control training Perform an ethical review of animal licenses Its organization, reviewing processes, timing is Control running experiments (455,1, art.2163) canton-specific minimum 20% of valid licenses for the year Its members have to follow 4 days of continuing Control animal facilities (455,1, art.2161) education within a period of 4 years once a year (staff, infrastructures, charges, etc) Réseau des animaleries lémaniques Réseau des animaleries lémaniques Cantonal Committees on Animal Experiments Cantonal Committees on Animal Experiments Geneva Vaud 1 representative of the Veterinary Society of Geneva President and vice-president proposed by the department head 2 representatives of the associations of animal protection 2 representatives of the Faculty of biology and medicine (UNIL) 1 representative of the University of Geneva 1 representative of EPFL 1 representative of industry 1 representative of the Veterinary Society of Vaud 1 representative of alternative methods 1 2 representatives of the association of animal protection bioethicist 1 representative of the nature protection associations Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Director of Animal Experimentation Animal Welfare Officer (AWO) ("Resource Manager"; OPAn, Art 130) Role and duties (OPAn, Art 129a) He/she ensures: a. that the applications for animal experiments license are Allocation of personnel, infrastructure complete b. the elements necessary to assess the indispensability of the Compliance with the legislation animal used described in the applications for authorization. Promotion of training and continuing education Educational requirements (OPAn, Art 132) University level, “Biological background” Education = module 1 + module 2 (corresponding to FELASA C) Réseau des animaleries lémaniques Continuing education = 4 days in a period of 4 years Study Director Experimenter Role and duties (OPAn, Art 131) Role and duties (OPAn, Art. 133) Planning and proper execution of the experience Performs interventions and tasks attributed to him Distribution of work and documentation Responsible for the welfare of animals during procedures Knows the content of the license Educational requirements (OPAn, Art 132) Educational requirements (OPAn, Art. 134) University level; “Biological background” Education = module 1 + module 2 (corresponding to FELASA C) Education = module 1 (corresponding to FELASA B) Continuing education = 4 days in a period of 4 years Continuing education = 4 days in a period of 4 years Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Continuing education (CE) List of continuing education courses http://www.unil.ch/resal/home.html CE training days are necessary to maintain your http://www.blv.admin.ch/themen/tierversuchskurse/index.html?lang=fr accreditation to work with animals Scientific meetings (already recognized or to be recognized by Vet Offices) Recognized courses/seminars Specific animal experimentation training (to be recognized) 2018 2019 2020 2021 2022 2023 0 1 1 2 0 1 Réseau des animaleries lémaniques Réseau des animaleries lémaniques Resal : email notices by [email protected] What to do with your certificates? The eTV Webtool https://etierversuche-sec.ssl.admin.ch Send your certificate by email to your director of animal experimentation for recording them in e-tierversuche Ordinance on the computer sytem management of experimental animals O-SIGEXPA (455.61) What contain this database? e-animal experimentation system  All Suisse animal licenses Federal web application e-tierversuche  Profile of all animal experimenters working in Switzerland Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Experimenter profile Experimenter profile Réseau des animaleries lémaniques Réseau des animaleries lémaniques How «ETV» calculate the continuing education days? 4 days of continuing education are necessary in a period of «4 year»: but it is better 1 day/year! 4 days of continuing education are necessary in a period of «4 years» Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Key home messages Topics Responsible for the Know the content 1 The Swiss Regulations animal welfare of the license 2 Organization of Animal Experimentation 3 Animal Experimental License Experimenter 4 Experiment Follow-up Send the 5 Legal Requirements for Animal Facilities certificate to Continuing education the DirAnimExp 6 Contact and Information Réseau des animaleries lémaniques Réseau des animaleries lémaniques At the end of this course, you will be officially accredited to perform animal experimentation Why a license? Can you then perform your surgery, blood sampling, behavioral tasks…? In Switzerland, each individual animal experiment must be approved You need to be an Experimenter in an Animal Licence Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Licensing procedure: the Form A Which information should you give in an animal license? Istitution Study Director (Director of the Experiments) 38 fields to fill in the FORM A!! Main topics Resource manager/DirAnimExp decision 1) Animal number, species, strain 2) Objective of the project Canton Cantonal Committee for Cantonal 3) Description of the project Animal Experimentation Vet Office recommendation 4) Description of anesthesia and analgesia (CEA) decision 5) Statistical consideration 6) Impact on animal wellbeing, humane endpoints, Federation Prospective severity grades Federal Food Safety & ! 1 month appeal 7) Sacrifice methods Veterinary Office (FSVO) 8) Indispensability of the animal use Réseau des animaleries lémaniques 9) Benefits assessment vs animal stress/suffering GM or not GM? That is the question Genetically modified organisms Why is it important? Genetic modified organism: any organism in which the genetic material has been altered by methods of gene technology, in a way that does not occur under natural conditions by mating or natural recombination. http://www.tierschutz.uzh.ch/bewilligungen/weitere/Containmen t_Ordinance.pdf Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Genetically modified organisms The following methods shall not be regarded as methods GMA form of gene technology:  mutagenesis  cell and protoplast fusion of prokaryotic microorganisms  cell and protoplast fusion of eukaryotic cells  in vitro fertilisation  natural processes such as conjugation, transduction and transformation Réseau des animaleries lémaniques Réseau des animaleries lémaniques Form M Statistic advices Geneva : [email protected] Lausanne : [email protected]; [email protected] Regular statistic courses organised by the Resal Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 OPAn Article 135 Prospective severity grades Before the start of an experiment, the events or symptoms whose occurrence require that an animal be removed from the study and, if necessary, euthanized (criteria for withdrawal) shall be defined. Severity grade 0 – no constraint Severity grade 1 – mild constraint To built a convenient score-sheet : Severity grade 2 – moderate constraint Simple Applicable Severity grade 3 – severe constraint Time scheduled Actions Guideline 1.04 (new guidelines August 30, 2018) Réseau des animaleries lémaniques Réseau des animaleries lémaniques Weighing of interest Desired benefits Stress on the animals http://www.akademien-schweiz.ch/en/index/Publikationen/Swiss-Academies-Communications.html Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 License delivered in e-tierversuche: Form B Valid 1 month after delivery; 3 years maximum Réseau des animaleries lémaniques Réseau des animaleries lémaniques Modification of your license Topics 1 The Swiss Regulations Protocol modification : 2 Organization of Animal Experimentation The study director has to do a supplementary application 3 Animal Experimental License Simplified process for : 4 Experiment Follow-up - Addition of involved persons - Prolongation (3 months maximum for a 3 years license) 5 Legal Requirements for Animal Facilities - Application for supplementary animals or addition of strains 6 Contact and Information Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Experiment follow up Record of animal experiments (art 144. OPAn) A minute of the experiment is mandatory Record of animal experiments (art 144. OPAn) Annual animal report (C report) To be kept for three years after the expiration date of the license Réseau des animaleries lémaniques Réseau des animaleries lémaniques Content of the minutes date, species, number, sex, origin and identification and C Reports: what needs to be reported? experimental group interventions and measures Main points: frequency of monitoring recording of clinical symptoms, Animal used* anesthesia, analgesia Retrospective severity degrees premature discontinuation of the experiment degree of constraint for every animal Obtained results special events analysis of experiences ! * Only animal used in experiments, not those that have been produced date of end Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Intermediary and final C reports Swiss annual statistics Deadlines: For intermediate report: 28.02 of each year to report animal used in the previous one Ex: on February 2018 we will need to submit the C report for the year 2017 For final report: at the maximum two months after the end of the license (expiration) Réseau des animaleries lémaniques Réseau des animaleries lémaniques Publication of the reports Key home messages Know the content http://tv-statistik.ch/fr/exp-riences-termin-es/index.php Form A Description of experiments of the license Form B Authorities decision Experiment Report of each experiment minute Form C Annual report of animal used Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Topics New responsabilities of the director of the animal facility 1 The Swiss Regulations Animal facilities need to be approved by Cantonal Veterinary 2 Organization of Animal Experimentation Authorities (FormH) 3 Animal Experimental License Ex : VD-H-01 4 Experiment Follow-up 5 Legal Requirements for Animal Facilities 6 Contact and Information Réseau des animaleries lémaniques Réseau des animaleries lémaniques FormH Topics 1 The Swiss Regulations 2 Organization of Animal Experimentation 3 Animal Experimental License 4 Experiment Follow-up 5 Legal Requirements for Animal Facilities 6 Contact and Information Authorization for 10 years maximum Réseau des animaleries lémaniques Réseau des animaleries lémaniques  02.07.2020 Academic institutional contact The Federal Veterinary Office Website UNIGE and HUG : Zeinab Ammar and Elsa Meylan https://www.blv.admin.ch/blv/en/home/tiere/tierversuche.html [email protected] https://www.unige.ch/recherche/experimentation- animale/ EPFL : Phoukham Phothirath [email protected] https://cpg.epfl.ch/ UNIL – CHUV : Laure Seriot [email protected] www.unil.ch/fbm/fr/home/menuinst/recherche/experimentation-animale.html Réseau des animaleries lémaniques Réseau des animaleries lémaniques The RESAL Website http://www.unil.ch/resal/en/home.html ? Réseau des animaleries lémaniques  6/29/20 Philippe Bugnon Institute for Laboratory Animal Science University Zürich LTK M1 Dr. med vet Philippe Bugnon Ethics Dipl. SVLAS Animal experimentation Head of basic and continuing education in laboratory animal science Institute of Laboratory Animal Science Vetsuisse Faculty – Faculty of Medicine University of Zürich 1 2 Your experimentation with animals Your experimentation with animals You will perform animal experimentation in but « … animal experiments are unethical…» different domains of the research neurobiology, pharma, behavior, surgery, … basic or applied research with different species 3 4  6/29/20 Your experimentation with animals Popular initiative in Switzerland – 2018-19 What happens in Switzerland? Referendum against the new research center with an animal facility of the University Hospital in Bern – 2016 ARGUMENTS 1 square meter in this facility will cost about CHF 15‘600 in comparison a comfortable apartment will cost CHF 4’500 to 7’000 / square meter. “luxury hotel” for animal experimentation !!!!! 5 6 Ethical considerations focus on values and standards The levels of ethical considerations How shall we deal with this conflicting issue? The tools to deal with such situation Ethics A (critical) discipline of philosophy, (an intellectual exercise) Questions to be answered Morals The values and standards of a given society What is good? what is bad (evil)? Conscience Personal instrument, influenced by experience, emotions, (and intellect) What shall we do? what shall we not do? 7 8  6/29/20 Animals used by humans Animals used by humans For which purposes do we use Pet animals animals in our society? Laboratory animals Zoo animals anima ls nimals atory ction a Labor Produ Production animals * nimals imals Zoo a Pet an Data from Germany 2012 * Production animals: only animals euthanized in slaughterhouses in Germany (except fishes and carcasses imported from other countries) 9 10 The power of the consumer / population Justification of animal experiment If we don’t agree with this situation, how and where can we act as citizen? Is this enough to justify animal experimentation? diseases diseases ? 11 12  6/29/20 Definitions Definition - animal What should we define in order to regulate animal experimentation? What is an animal? What is an animal experiment? 13 14 Legislation – definition - animal Legislation – definition – experiment Swiss legislation Swiss legislation Vetsuisse Faculty Zürich Teaching and Training of cand med vet Primary or secondary schools - Teaching 15 16  6/29/20 Legislation – Swiss constitution – dignity of an animal About animal experimentation Question still open: How to justify animal experimentation? versus 17 18 Dignity of an animal and Balance of interest Balance of interest Question still open: Step ONE Step TWO How to justify animal experimentation? to formulate the arguments to formulate the arguments for the experiment against the experiment Dignity: An intrinsic moral value assigned to the animal - gain of knowledge - number of animals The dignity of an animal is respected when ist use is - its significance - kind of animals considered justifiable on the basis of a careful evaluation of - expected pain and - if applied research suffering interests. ! the excepted - duration of constraints applications Step THREE ! their significance for the the pros and cons health or life quality of Grade of severity the affected human against each other BALANCE OF INTERESTS beings ! morally justified ? more details: see www.ekah.ch 19 20  6/29/20 Animal experimentation – degree of severity Balance of interests: swine in avalanche Situation: no pain, no constraint, no severe stress Swine were sedated and then anesthetised. After this, the animals were buried in the Severity Grade 0 and no significant impairment of the snow. The scientists monitored until death many parameters in order to determine the general condition factors what make possible for humans to survive avalanches. short-time minor constraint (pain or The Study Director claimed that the pigs did not suffer Severity Grade 1 harms) because they were sedated and given an anesthetic beforehand. It is vital to help to save human lives in the short-time moderate constraint aftermath of an avalanche. Severity Grade 2 or medium- / long-time minor constraint „With these new information, the emergency doctors can judge better which victims have realistic chance severe or very severe constraint or of surviving“. Severity Grade 3 medium- / long-time moderate constraint NOW LET WE DO THE JOB OF THE ETHICAL COMMITTEE AND DECIDE TO GIVE OR NOT THIS LICENSE 21 22 Balance of interests: swine in avalanche Balance of interests: swine in avalanche BALANCE OF INTERESTS Step ONE Step TWO to formulate the arguments to formulate the arguments Constraint for the animal Gain of knowledge for the experiment against the experiment no suffering new information about vital because of anaesthesia parameters (in avalanche) - gain of knowledge - number of animals better tools for evaluation of - its significance - kind of animals chances of surviving - expected pain and 29 pigs - if applied research suffering ! the excepted - duration of constraints applications Step THREE ! their significance for the the pros and cons health or life quality of the affected human against each other beings ! morally justified ? 23 24  6/29/20 Balance of interests: swine in avalanche Principles DO YOU KNOW THE ORIGIN OF THIS DOCUMENT? The rescue unit will never stop to search victims of an The experiment should be such as to yield fruitful Proper preparations should be made and avalanche because the pigs of this study shown that results for the good of society, unprocurable by adequate facilities provided to protect the they can survive only a few hours under snow. other methods or means of study, and not experimental subject against even remote random and unnecessary in nature. possibilities of injury, disability, or death. The medical emergency unit will never stop to try to The experiment should be so designed and The experiment should be conducted only by save the life of these persons because the pigs of this based on the results on animal experimentation scientifically qualified persons. The highest study shown irreversible organs damage. and a knowledge of the natural history of the degree of skill and care should be required disease or other problem under study that the through all stages of the experiment of those This study don’t include two important factors: the fact anticipated results will justify the performance of who conduct or engage in the experiment. that these persons have multiple traumatic injuries and the experiment. During the course of the experiment the scientist the side-effects of the anesthesia on pigs. The experiment should be so conducted as to in charge must be prepared to terminate the avoid all unnecessary physical and mental experiment at any stage, if he has probably suffering and injury. cause to believe, in the exercise of the good A research group in Switzerland perfo