Fox hunting is no human right, says European Court

Sunday, 20 December 2009 12:17

Advocates for Animals is delighted that the European Court of Human Rights has comprehensively rejected complaints against the United Kingdom by a supporter of foxhunting and the Countryside Alliance.

Advocates for Animals played a leading role in securing the legislation to end hunting with dogs in Scotland in 2002, leading the way for a nationwide ban on this cruel sport.

Brian Friend, who has brought a number of challenges against the anti-hunting laws north and south of the border, and the Alliance complained that by banning the sport of foxhunting, the UK had breached their rights under the European Convention of Human Rights (ECHR) to - among other things - a private and family life (Article 8); freedom of assembly (Article 11); protection from discrimination (Article 14); and protection of their property (Article 1, Protocol 1).

In rejecting the complaint, the court in Strasbourg commented that the hunting bans in Scotland and England had been designed to eliminate the hunting and killing of animals for sport in a manner causing suffering and being morally objectionable. The bans had been introduced after extensive debate by the democratically elected representatives of the State on the social and ethical issues raised by that type of hunting.

The notion that the very public activity of hunting was part of the applicants' private life was rejected. The hunting community could not be regarded as an ethnic or national minority, nor was its lifestyle essential to the identity of individuals. The concept of "home" did not include land over which owners practised their sport, or allowed it to be practised. No evidence had been provided that some of the applicants would lose their homes as a result of the bans. Last but not least, the hunting bans had not created serious difficulties for earning one's living. The applicants' rights of assembly were not affected, as individuals could still meet together for alternative forms of hunting (without live quarry).

Advocates for Animals' Policy Director, Libby Anderson, commented: "The precious human rights that the Convention was designed to protect have nothing to do with the freedom to make a sport of chasing and killing sentient animals. This ECHR challenge was the last in a succession of cases that have been going on for several years in both Scotland and England.

"Judge after judge has rejected the idea that foxhunting is part of anyone's human rights. We hope that these litigants will now accept the democratic will of two Parliaments and understand that foxhunting is history."