Tag Archives: hunting

Human rights: EC law – legality of fox-hunting ban (N. McKay & S. Foster)

Author(s)

Nikki McKay and Steve Foster

Keywords

Human rights, Animals, European Union, EC law, Free movement of goods, Freedom of association, Freedom to provide services, Hunting, Necessary in democratic society, Peaceful enjoyment of possessions, Right to respect for private and family life

Abstract

Examines the House of Lords decision in R. (on the application of Countryside Alliance) v Attorney General on whether the ban on fox hunting under the Hunting Act 2004 infringed: (1) the rights of hunters under the European Convention on Human Rights 1950 arts 8 and 11; and (2) the rights of parties who were involved in hunting occupationally under Protocol 1 art.1 of the Convention and the EC Treaty arts 28 and 49. Considers whether any interference with the human rights of the parties was justifiable and necessary in a democratic society.

Citation

(2008) 13(1) Coventry Law Journal 64-67

Paper

Human rights: European Community law – legality of fox-hunting ban

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Hunting not comparable to religious belief and hunters not an ethnic group (H.L. MacQueen, et al)

Author(s)

Hector L. MacQueen and Scott Wortley

Keywords

Human rights, Freedom of expression, Freedom of thought conscience and religion, Hunting, Right to respect for private and family life, Scotland

Abstract 

Comments on the House of Lords ruling in Friend v Lord Advocate on whether the restrictions on hunting in the Protection of Wild Mammals ( Scotland ) Act 2002 breached the applicant’s rights under the European Convention on Human Rights 1950. Considers whether the applicant’s right to hunt was comparable to religious beliefs and whether hunters were an ethnic group whose customs and practices were entitled to protection.

Citation   

(2008) 12(2) Edinburgh Law Review 165-166

Case Comment

Hunting “not comparable to religious belief” and hunters “not an ethnic group”

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Conservation clash and the case for exemptions: how eagle protection conflicts with Hopi cultural preservation (S. Fenstemaker)

Author

Sarah Fenstemaker

Keywords

Arts and culture, Environment, Birds, Environmental protection, Hunting, Indigenous peoples, Religions, Traditional knowledge

Abstract

Discusses the impact of US Fish and Wildlife Service proposals to end the granting of religious exemptions to the ban on the hunting of certain migratory birds on the Hopi tribe, which uses golden eagles and their feathers in a religious ceremony considered vital to the tribe’s cultural identity.

Citation

(2007) 14(3) International Journal of Cultural Property 315-328

Paper

Conservation clash and the case for exemptions: how eagle protection conflicts with Hopi cultural preservation

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Limitations of European Union policy and law for regulating use of lead shot and sinkers: comparisons with North American regulation (V.G. Thomas and R. Guitart)

Author(s)

Vernon G. Thomas
Raimon Guitart

Keywords

Animal, Environment, Birds, Canada, Conservation, EU Law, Hunting, Lead poisoning, United States

Abstract

Summarises the efforts of EU Member States to restrict the use in hunting of lead shot and sinkers, known to be toxic to wild birds, and compares policy and regulation in the US and Canada. Considers the limitations in this context of the EU framework on wild bird conservation, the regulation of hunting and the control of hazardous chemicals, and discusses the reasons why no specific instrument banning toxic lead products in recreational shooting and angling has been introduced. Suggests how the European Parliament might address this issue.

Citation

(2010) 20(1) Environmental Policy and Governance 57-72

Paper

Limitations of European Union policy and law for regulating use of lead shot and sinkers: comparisons with North American regulation

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Traditional hunting: Cultural rights v animal welfare (D. Thiriet)

Author

Dominique Thiriet

Keywords

Australia , Indigenous hunting practices, animal protection legislation

Abstract

This article examines how the cruelty inherent in some Indigenous hunting practices is inconsistently treated under Australian animal protection legislation. The author considers the discrimination issues raised by such inconsistencies and the legitimacy of State intervention to resolve the conflicts between cultural rights of Indigenous communities and animal welfare standards. She discusses how community concerns can be addressed whilst preserving Indigenous peoples’ right to self-determination.

Citation

(2006) 31 Alternative Law Journal 57

Paper

Traditional hunting: Cultural rights v animal welfare

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