[Animal protection as national objective--consequences for research].
Article 20a of the Basic Law, which was most recently modified,provides that "The State, aware of its responsibility for present and future generations, shall protect the natural basis of life and the animals within the framework of the constitutional order through the legislature and, in accordance with the law and principles of justice, the executive and the judiciary." However, this amendment of the constitution does not have adverse effects on researchers' freedom to carry out scientific experiments on animals. According to the jurisdiction of the German Federal Constitutional Court, the basic right of scientific freedom (Article 5 paragraph 3 of the Basic Law) has to be protected from any influencing control of the state. In addition, Article 20a of the Basic Law is a so called state goal and therefore presents a mere guideline for discretionary decisions. Because of that, the individual also lacks locus standi to enforce it. As a consequence, weighing up the legal aspects comes to the conclusion, that the very core of scientific freedom takes precedence over the new state goal aiming at animal protection on the constitutional level.
Spranger
T M
TM
Abteilung Verwaltungsrecht, Universität Bonn.
D000827:Animal Welfare / Q000331:legislation & jurisprudence* / Q000592:standards; D000818:Animals; D005610:Freedom; D005858:Germany; D017408:Guidelines as Topic; D012586:Science / Q000592:standards / Q000639:trends*; D012941:Social Responsibility
Staatsziel Tierschutz--Konsequenzen für die Forschung.