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Home Explore Secundum Legem 1. Sayı

Secundum Legem 1. Sayı

Published by Anıl Kaymak, 2023-08-10 11:46:15

Description: Başkent Üniversitesi Hukuk Topluluğu Dergisi

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["Beyza \u00c7ak\u0131r Animal Experimentation Across The World Animals are living in the same chanisms of living organisms; and time-consuming. In today\u2019s Beyza \u00c7ak\u0131r I Animal Experimentation Across The World world as we humans are living for centuries, physician-scien- world, alternative methods like in. There remains the fact that tists have benefited from this, In Vitro Testing, Computer(In animals, excluding the human now considered cruel action Silico) Modeling, and research species, will not be able to un- in medicine and biology areas. with human volunteers (Parti- derstand their condition and Animal testing in today\u2019s world cularly by the technique \u201cmic- how they are open to the cruelty is performed in the form of for- rodosing,\u201d which means volun- that sorrowfully is being imple- ced chemical exposure in toxi- teers are given a tiny one-time mented on them. Regardless city testing, which can include drug dose and sophisticated of their lack of ability to com- oral force-feeding, forced inha- imaging techniques are used prehend this circumstance and lation, skin or injection into the to monitor how the drug beha- since it becomes impossible for abdomen, muscle, etc. \/ Expo- ves in the body that will repla- them to verbalize their needs, sure to drugs, chemicals or infe- ce tests on animals inflicted by pain, or wishes, we must be pa- ctious disease at levels that ca- giving damages to their brains ying the ultimate attention that use illness, pain, and distress, or by exposing them harshly to we ever can to understand them death \/ Genetic manipulation, chemical substances.) and Hu- and to let them live a contented e.g., addition or \u201cknocking out\u201d man-Patient Stimulators exist. life as they desire, they deserve of one or more genes \/ short or Cruelty-Free International, an the best and any action causing prolonged periods of physical organization founded by Fran- both emotional and physical restraint for observation\/food ces Power Cobbe, which was pain should be strictly avoided. and water deprivation \/ surgical previously known as the \u2018Bri- Unfortunately and tragically, procedures\/ behavioral experi- tish Union for the Abolition of animal testing still continues in ments designed to cause dist- Vivisection\u2019 estimates that the the 21st century, disregarding ress in particular electric shock top 10 animal testing countries the evidence that alternative or forced swimming\/manipula- in the world are China (20.5 methods have emerged with tions to create \u201canimal models\u201d million), Japan (15.0 million), the intensively developing te- of human diseases ranging from the United States (15.6 million), chnology because they are not cancer to stroke to depression \/ Canada (3.6 million), Australia found by the authorities suffi- Infliction of wounds, burns and (3.2 million), South Korea (3.1 cient enough to stop and strict- other injuries to study healing \/ million), the United Kingdom ly ban animal testing in all areas. Infliction of pain to study its phy- (2.6 million), Brazil (2.2 million), An animal test is any scientific siology and treatment. Moreo- Germany (2.0 million) and Fran- experiment or test in which a ver, after these test conductors ce (1.9 million), in that order. live animal is forced to under- are done with the animals, they China is known for mandatory go something likely to cause kill them right before they are pre-market animal testing for them pain, suffering, distress, naturally going to die, meaning imported cosmetic products; a or lasting harm. Using animals they let these poor animals suf- brand is usually considered by for scientific purposes can be fer or re-use the ones they will consumers as not cruelty-free traced back to the 4th century still benefit from by exposing if it imports and sells its goods BCE in Greece. Physicians exe- them to similar cruel tests. The in China(excluding Hong Kong), cuted them, notably Aristotle, reason behind all these cruelties while being cruelty-free means Erasistratus, and Herophilus, in is considered to ensure humans\u2019 not testing products on animals vivisection, which means explo- and other animals\u2019 safety, whe- and using alternative methods ratory surgeries on live animals. reas 9 out of every ten candida- for pushing them to fix any un- In these ancient times, vivisecti- te medicines that appear safe foreseen result which may inf- ons were primarily executed in and effective in animal studies luence a human\u2019s health rather public. At that time, it was thou- fail when given to humans; also, than giving harm to an animal. ght of as a standard practice to cruel methods are expensive acquire knowledge on the me- 49","Beyza \u00c7ak\u0131r I Animal Experimentation Across The WorldSECUNDUM LEGEM | Say\u0131 1 In China, both pre-market and health problems. In such cases, petence of the Union should post-market testing are imp- animal testing is justified and be prohibited 3R\u2019s of animal lemented. Pre-market testing supported by a detailed rese- experimentation which stands means testing products before arch protocol in the Cosmetics for Replacement, Reduction, they go on sale, and post-mar- Regulation. Other legislative and Refinement is also taken ket testing takes place if a pro- instruments concerning animal into account in the Directive. duct gets a complaint about be- testing other than cosmetics ing irritative or hazardous from testing are, in particular Euro- In the U.S., Animal Welfare Act, a customer. Regardless of this pean Convention for the pro- originally Laboratory Animal tedious picture, there exists ho- tection of vertebrate animals Welfare Act established in 1966, peful, positive progression on used for experimental and other sets the minimum standards of this issue. In 2014, the country scientific purposes and Directi- care and treatment for animals changed regulations, so animal ve 2010\/63\/E.U., which repla- used in research or testing and, testing was no longer manda- ced Directive 86\/609\/EEC on as the American Anti-Vivisec- tory for cosmetics produced in the protection of animals used tion Society(AAVS) states, be- China. Animal testing for these for scientific purposes. The Di- comes the first law in the U.S. locally produced cosmetic pro- rective was implemented into explicitly written to protect the ducts was not banned but is no national laws in each E.U. Mem- welfare of animals. The statute longer required by law. This lea- ber State in 2013. The following gives USDA(United States De- ves it up to the individual com- provisions in the order have pri- partment of Agriculture) aut- panies to decide whether to mary value regarding the fact hority to make regulations to test product safety on animals that they extend the scope of implement and enforce the law or use non-animal alternatives. lawfully protected animals: In by issuing rules. The reasons for China\u2019s Food and Drug Admi- addition to vertebrate animals, the establishment of the Act are nistration(CFDA) now approves including cyclostomes, cepha- growing concern for dogs and various alternative methods, lopods should also be included cats used in research, particu- such as in vitro testing. Anot- in the content of this Directive, larly concerning a large number her improvement is that China as there is scientific evidence of of reported thefts of dogs and announced in 2021 that it would their ability to experience pain, cats for use in research insti- allow imported \u201cgeneral cosme- suffering, distress, and lasting tutions. Joseph Resnick intro- tics\u201d\u2014such as shampoo, body harm. This Directive should also duced H.R.9743, calling for pet wash, lipstick, lotion, and ma- cover fetal forms of mammals, dealers and laboratories to be keup\u2014to be sold in the country as there is scientific evidence licensed and inspected by the without being tested on animals. showing that such conditions in U.S. Department of Agriculture the last third of their develop- and required to meet specific Since animal testing for cosme- ment are at an increased risk humane standards of care.\u201d af- tics safety is banned in the E.U. of experiencing pain, suffering, ter Pepper, a 5-year-old Dalma- in member states, China has a and distress, which may also tian, was kidnapped from her long way to go. In the E.U., the negatively affect their subsequ- owner\u2019s farm. Days later turned ban on animal testing is valid ent development. Scientific evi- up at New York City\u2019s Montefio- on the ingredients used for the dence also shows that procedu- re Hospital, where her body was product and the product itself. res carried out on embryonic used in a scientific experiment The first ban, which prohibited and fetal forms at an earlier sta- and then cremated. After that the testing of finished cosme- ge of action could result in pain, initiative movement, the Act tic products on animals, came suffering, distress, or lasting was amended several times, and in 2004, while the second one, harm, should the developmen- significant changes were made which is testing ingredients tal conditions be allowed to live in the 1985 and 2002 amend- used in cosmetics products to beyond the first two-thirds of ments regarding animal testing. prove compliance with Cosmeti- their story. Another provision is The 1985 amendment introdu- cs Regulations, was implemen- an illustration of exceptions for ces new requirements for en- ted in 2009. This prohibition is animal protection: The use of riching the lives of nonhuman not absolute since there exist animals for scientific or educa- primates, providing exercise for few exceptions for circumstan- tional purposes should, there- dogs, considering alternatives ces stated as \u201cthe ingredient fore, only be considered where to painful or distressful proce- is in wide use and cannot be a non-animal alternative is una- dures, establishing Institutional replaced by another compo- vailable in cases of use of ani- Animal Care and Use Commit- nent having the same function mals for scientific procedures tees (IACUCs), and creating an and there is evidence of human in other areas under the com- information service at the Nati- 50","onal Agricultural Library (now mal, not of that Sub-phylum. happily enjoying their freedom. Beyza \u00c7ak\u0131r I Animal Experimentation Across The World the Animal Welfare Informa- Subsection 2 states that it does References tion Center, AWIC). The 2002 not apply to an animal while it About animal testing. Humane amendment, on the other hand, is in its fetal or embryonic form. Society International. (2022, brings regressive changes by li- In contrast, subsection three July 28). Retrieved from htt- miting the definition of \u201canimal\u201d states in its subsection(a) that ps:\/\/www.hsi.org\/news-media\/ in the Animal Welfare Act to appropriate national authority about\/ exclude \u201cbirds, rats of the genus may extend the definition of Animal Welfare Act 2006 (UK) Rattus, and mice of the genus \u201canimal\u201d to include invertebra- Animal Welfare Act. Animal Mus, bred for use in research.\u201d tes of any description, in sub- Welfare Act | National Agricul- The exclusion of these animals section (b) states that the rules tural Library. (n.d.). Retrieved means that 80-100 million rats may make provision instead of February 1, 2023, from https:\/\/ and mice bred explicitly for use subsection (2) as respects any www.nal.usda.gov\/animal-he- in research receive no protecti- invertebrates included in the alth-and-welfare\/animal-welfa- on under the law. The scope of definition of \u201canimal\u201d and in re-act the term \u201canimal\u201d is provided in subsection (c) of subsection (3) Animal Welfare Act Timeline. Section 3 of the Act \u201cThe term gives the appropriate national Animal Welfare Act Timeline | \u201canimal\u201d means any live or dead authority jurisdiction to amend National Agricultural Library. dog, cat, monkey (nonhuman subsection (2) to extend the (n.d.). Retrieved February 1, primate mammal), guinea pig, application of this Act to an ani- 2023, from https:\/\/www.nal. hamster, rabbit, or such other mal from the much earlier sta- usda.gov\/collections\/exhibits\/ warm-blooded animal, as the ge of its development as may awahistory\/list Secretary may determine being be specified in the regulations. Beonchip. (n.d.). History of ani- used, or is intended for use, for As a result, cruelty against ani- mal experimentation and animal research, testing, experimenta- mals is generally legalized re- rights. BEOnChip. Retrieved tion, or exhibition purposes, or garding the benefits of human February 1, 2023, from htt- as a pet; but such term exclu- beings, biological or medical ps:\/\/beonchip.com\/animal-ri- des (1) birds, rats of the genus developments. Besides several g h t s - h i s to r y\/# :~: te x t = I n % 2 0 Rattus, and mice of the genus legal protection mechanisms fact%2C%20the%20first%20 Mus, bred for use in research, like Acts and Directives that known,%5B1%5D%5B2%5D. (2) horses not used for resear- exist in the field, the well-being Camila, S., F., & Varrella, S. ch purposes, and (3) other farm of a human being is prioritized (2022, April 12). What is the EU animals, such as but not limited by violating an animal\u2019s life and ban on animal testing. COSlaw. to livestock or poultry, used or welfare. Humans also fall into eu - Guiding through EU Cosme- intended for use as food or fi- the category of \u201canimals\u201d and tics Regulations. Retrieved Feb- ber, or livestock or poultry used are responsible for other kinds ruary 1, 2023, from https:\/\/ or intended for use for impro- of animals\u2019 prosperity regarding w w w. c o s l a w. e u \/ w h a t- i s - t h e - ving animal nutrition, breeding, their capability to change other eu-ban-on-animal-testing\/#:~:- management, or production animals\u2019 conditions through text=What%20is%20the%20 efficiency, or for improving the deliberate actions. Therefore, EU%20ban%20on%20ani- quality of food or fiber. To a dog, the world should be united to mal%20testing%3F&text=Ap- the term means all dogs, inclu- diminish cruelty by taking ad- ril%2012%2C%202022%20 ding those used for hunting, se- vantage of technological deve- % E 2 % 8 0 % 9 3 % 2 0 I n % 2 0 t h e , t- curity, or breeding purposes.\u201d lopments in alternative approa- he%20ingredients%20of%20 Animal Welfare Act 2006 (built ches which abandon any action the%20product. on the Protection of Animals Act harming animals. Hope for the China announces New Animal 1911) is an example of legislative future is in the legislation, and Testing Policy for cosmetics actions which apply within the if we were to seek 50 years be- after PETA push. PETA. (2021, borders of the U.K. It was last- fore, we would realize that it is March 8). Retrieved February 1, ly amended in 2022. Provision evident that the journey was 2023, from https:\/\/www.peta. 1 states animals to which the rough but practical. Therefore, org\/media\/news-releases\/chi- Act applies that are vertebrates there lies the expectation that na-announces-new-animal-tes- other than a man. In this Act, with time the world will get over ting-policy-for-cosmetics-af- \u201cvertebrate\u201d means any animal this primitivity, and animals will ter-peta-push\/ of the Sub-phylum Vertebrata be freed, not being obliged to \u2018Directive 2010\/63\/EU of the of the Phylum Chordata, and stay in small cubes, not forceful- European Parliament and of the \u201cinvertebrate\u201d means any ani- ly injected; instead, they will be Council of 22 September 2010 51","SECUNDUM LEGEM | Say\u0131 1 on the protection of animals uk\/latest\/animal-testing-in-c- February 1, 2023, from htt- used for scientific purposes\u2019 hina-chinas-move-towards-ani- ps:\/\/www.animalfolksmn.org\/ (2010) Official Journal L276, mal-alternatives\/ awa-history.html#:~:text=An- p.33. Franco, N. H. (2013, March 19). gered%20by%20this%20 EU regulations on Animal Re- Animal Experiments in bio- injustice%2C%20Congress- search. EARA. (n.d.). Retrieved medical research: A historical man,was%20met%20with%20 February 1, 2023, from https:\/\/ perspective. Animals : an open considerable%20opposition. w w w. e a r a . e u \/a n i m a l - r e s e a r- access journal from MDPI. Ret- Phinizy, C. (1965). Sports Illust- ch-law rieved February 1, 2023, from rated. Retrieved from https:\/\/ Explanation of the Animal Wel- https:\/\/www.ncbi.nlm.nih.gov\/ vault.si.com\/vault\/1965\/11\/29\/ fare Act. National Anti-Vivise- pmc\/articles\/PMC4495509\/ the-lost-pets-that-stray-to-the- ction Society . (n.d.). Retrieved In vitro methods and more ani- labs. February 1, 2023, from https:\/\/ mal testing alternatives. PETA. Schaeffer, C., & Cooper-Fratrik, navs.org\/learn-more\/explanati- (2022, February 9). Retrie- J. (Eds.). (2006). The Animal on-of-the-animal-welfare-act\/ ved February 1, 2023, from ht- Welfare Act: Yesterday, Today Facts and figures on animal t p s : \/\/ w w w. p e t a . o r g \/ i s s u e s \/ and Tomorrow, CXIV(3). Ret- testing. Cruelty Free Internati- animals-used-for-experimen- rieved from https:\/\/aavs.org\/ onal. (n.d.). Retrieved from ht- tation\/alternatives-animal-tes- cms\/assets\/uploads\/2014\/10\/ tps:\/\/crueltyfreeinternational. ting\/#:~:text=These%20alter- aavs_av-magazine_2006-sum- org\/about-animal-testing\/fa- natives%20to%20animal%20 mer_animal-welfare-act.pdf. cts-and-figures-animal-testing testing,and%20studies%20 What is animal testing? Cruelty Frame. (2021, January 20). Ani- with%20human%20volunteers. Free International. (n.d.). Ret- mal testing in China: China\u2019s Legislation>Animal Welfa- rieved February 1, 2023, from move towards Animal Alternati- re Act(AWA)>History. Animal https:\/\/crueltyfreeinternatio- ves. FRAME. Retrieved February Protection Minnesota | Ani- nal.org\/about-animal-testing\/ 1, 2023, from https:\/\/frame.org. mal Folks. (n.d.). Retrieved what-animal-testing Beyza \u00c7ak\u0131r I Animal Experimentation Across The World 52","53","Ba\u015fkent \u00dcniversitesi Hukuk Toplulu\u011fu baskent.hukuktoplulugu @baskentuniversitesihukukto1545 company\/ba\u015fkent-\u00fcniversitesi-hukuk-toplulu\u011fu https:\/\/hukuk.baskent.edu.tr\/ E- Dergi:"]


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