Farm Animal Welfare in Breeding and Gene Editing: a Comparative Analysis of European Union and Swiss Law

Abstract

Whether through conventional breeding or new gene editing technologies such as CRISPR-Cas 9, farm animal breeding can impact animal welfare positively or negatively, depending on how breeders design the breeding program. An emphasis on productivity traits has often resulted in detrimental effects on the welfare of various farm animal species. This paper conducts a comparative legal analysis of European Union (EU) and Swiss legislation on biotechnology, animal welfare, and breeding. The paper shows the approaches these two jurisdictions take, highlighting differences and similarities, and offers an overall assessment of how effectively the relevant laws address the welfare concerns identified in the scientific literature. Ethical and philosophical literature also inform the analysis, considering the extent to which the laws align with an ethical animal welfare approach that recognizes animals as sentient beings with intrinsic value whose interests merit consideration and protection. The analysis reveals that both EU primary and secondary laws are weaker overall than Swiss legislation from either perspective. Specifically, EU laws either fail to adequately address the issues identified in the scientific literature, leaving animals vulnerable to potential suffering from breeding, or do not consider animals’ interests meaningfully. The paper concludes by proposing reforms, primarily by incorporating specific Swiss approaches into EU law.