Legal Analysis of Animal Rights Activism and Freedom of Expression

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Constitutional and Administrative Law
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Table of Contents
Introduction................................................................................................................................3
General Advice...........................................................................................................................4
Specific Advice..........................................................................................................................7
Legal Opinion...........................................................................................................................10
Conclusion................................................................................................................................11
Bibliography.............................................................................................................................12
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Introduction
The breach of certain necessary social codes is a major offence in any of the country. This is
seen that the management of social behaviour is a necessary aspect to be a part of the social
life. There are many cases where people have breached codes of certain legal aspects, but
have not been punished due to having a social cause behind it. In the scenario Michaela,
being an active vivisection protestant has considered sending post to different people. It is
seen that one of the lab head has been offended and he is planning to take legal actions. In the
following segment the issues that might be considered in the process has to be detailed and
advice will be given to Michaela.
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General Advice
The European Convention on Human Rights (ECHR) is an international regulation that aims
towards casting a balance between political freedoms and human rights. Similarly, the
Human Rights Act (HRA) 1998 attempts to incorporate UK rights. This is done in order to
remedy any breach of convention rights within the courts of country. The ECHR is a
regulation that is looked over 47 Council of Europe states member while HRA is a
parliamentary act that is looked used and looked after by judiciary members’ public courts
(Legislation.gov.uk, 2019)
In this particular study, the case of activist Michaela has been brought who has been sending
graphic envelops to various companies and individuals that have been experimenting on
animals. This primary reason for doing this is to lower the acts of torture. In order to help
Michaela and her cause, the relationship between ECHR and HRA will be stated here. The
HRA is very wide in nature can be used by individuals in all counts of the UK and even go
far as extending to the Human Rights European Court within Strasbourg. Before the creation
of the ECHR, the death penalty was an acceptable way practiced, however after the
introduction of the act there has been a reasonable increase in the sphere of debate
(Echr.coe.int, 2019).
Human Rights Act 1998, can be broken down into several parts sections which includes the
following
Section 3
This section looks into aspects of both of primary and subordinate legislation. This section
focuses on highlighting the intent of an individual.
Sections 4 and 10
This section consist of different rules that have been made in the European Court of Human
Rights and as per cases that immerge, relevant rulings are utilized.
Sections 6 to 9
These sections illustrate the private litigation and until which degree corporations can be
involved within the case of animal cruelty (rightsinfo.org, 2015).
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There are other areas within this present within the Human Rights Act 1998 includes areas
such as remedial action areas where the it is discovered that in a victim is wrongly accessed
then they receive a certain degree of compensation.
A list of the core/main rights that may be protected by the ECHR has been detailed here
down below. Here those articles have been chosen which are relevant in the case of Michaela
Article 1 - This article focuses on respecting the rights the basic rights that an individual has,
here aspects such as having the right to express oneself and others are highlighted.
Article 2 - This article focuses on lowering the amount of unlawful killings within UK and
trying to protect the sanctity of life so that are not any wrongful executions.
Article 3 - This article emphasizes Prohibition of torture so that there is no form of physical
or mental torture.
Article 13 - In case an individual is not able to get quick resolution of a particular matter in
the aspect of legal rights violation, then this article can be invoked in order to put effective
remedy in action (Derrida, 2017).
Article 17 - This article illustrates the abuse of rights, here it is seen in case the basic rights
are being violated.
All of these above aspects can be divided into three areas, which includes absolute, limited
and qualified rights. Absolute rights are those regulations that are legally enforceable by
governance professional. Qualified rights are those rights that lawfully intertwine with
existing laws so come to a reasonable conclusion. Limited rights are imposed on those areas,
which fall under a specific boundary.
Absolute rights - Article 1 and 3 fall under these rights, as they might be enforceable by any
law professional. These articles are basic rights, which every human has
Qualified rights - Article 3 and 17 together make sure that that no form of torture and if the
rights of a particular individual is being abused or not. These laws intertwine with existing
constitutional regulations to provide solutions to a specific case (Armstrong and Botzler,
2016).
Limited rights - Article 13 is limited in sense since governmental interference is required in
specific case to high issues.
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Application
In the particular case of Michaela, several areas of the regulations that have discussed may be
applied. The Human Rights Act illustrates Michaela has the basic right to inform her
concerns against individuals and corporations that perform inhuman act. This process is
called whistle blowing, through which incorrect acts against other individuals are highlighted.
Rulings that have taken place in the European Court of Human Rights would help Michaela
to know instances, which can help the situation to lower the amount of cruelty against
animals. Furthermore, when trying to implement ECHR, in the case of Michaela, almost all
of the above-mentioned articles can be implemented to one degree or another. The first two
articles illustrate the basic rights, which animals have, it gives power to them being able to
exist into the world.
The following articles such as article 3 illustrate individuals having the right to not be
tortured by other individuals. Organisations such as PETA, WHO, and others all work for and
towards causes such as this so that more number of animals can have a save home. Michaela
can align her interests with individuals such as this in order to protect more animals that are
forced to experiment in the mentioned lab. Seeing as there is a high degree of friction
between the labs and Michaela’s interests, it can be recommended that, the case should be
requested in the court to be moved towards being resolved quickly through a special
resolution.
The case of R v Menard (1979) 43 CCC (2d) 458 (Que CA) illustrates the abuse and killing
of stray animals in order to experiment would beauty products and services would be allergic
to humans. Similar to the case law of the lab, the murders here were severe in nature. A stay
order had been issued in this case and the factory, which was performing the abuse, was order
to stop performing. Taking the help of the above case, Michaela can initiate the same
procedure and put a halt in the proceedings of the murder lab (Frasch et al., 2016).
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Specific Advice
In accordance with the codes of the legal line up it is necessary for better kind of analysis of a
situation first. Best option to consider is considering a specific and analytical approach.
According to the scenario, the lab head is planning to take some legal steps and it is seen that
he is going to involve court to it. In accordance with the legal rights mentioned in the
European Convention on Human Rights, there are few factors to be considered as well in
order to analyse the situation properly.
The SECTION I, RIGHTS AND FREEDOMS, ARTICLE 2, Right to life states that
everyone has a right to live but in this context it is not mentioned that the other animals are
also included in it (Echr.coe.int, 2019). Therefore, Michaela’s concern can only be
considered as an emotional approach and nothing else. The lab has been sent with pictures
where there was high amount of vivisection was crafted. In this aspect, Michaela can be
considered as an open thinker and there is right for that as well. It is seen that ARTICLE 10
Freedom of expression, says that anyone can take steps to express feelings (Echr.coe.int,
2019). Therefore, for the betterment of science, the laboratory can experiment on the animals
and sending them pictures like that is an offence.
It can be stated that Michaela has breached the protocol of the ECHR and it is seen that the
management process of the European Union is thinking of it. This is a necessary thing to be
considered and in this case, Michaela has breached the Protocol to the Convention for the
Protection of Human Rights and Fundamental Freedoms, ARTICLE 2, Right to
education (Echr.coe.int, 2019). Every person has the right to get educated. The laboratory
experiments are associated with the understanding of animal anatomy and for that, purpose
vivisection can be allowed. Therefore, it is prominent that taking steps against the lab is not
possible from the human rights perspective. This can be stated that sending pictures like those
are offence because it is preaching someone’s personal life. Even if the pictures are set to, the
lab but the effect will be psychological for the people.
Discussion of the human rights interests of Michaela and laboratory
The appeal for justice in this case is a valid option to consider for both the plaintiff and
defendant. It is seen that the management process needs to be considered with proper kind of
modulation of the factors. If the court is engaged in the process, then it can be stated that, the
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involved factors will come to lime light. It is a major factor to take suggestions of the court.
The court is going to provide a justified solution with association of the legal aspects of the
involved factors. There are many cases where it is seen the animal vivisection is protested by
social activists. The breach in this case is getting into someone’s private territory. In this case
court may not take the side of Michaela because she has breached the concerning factors. In
accordance with the Protection from Harassment Act 1997, Section 2A, Offence of
stalking, no one can stalk someone without the permission of the person (Legislation.gov.uk,
2019).
On the other hand, the black swastika sign had been sent to the person, it is a symbol of
Nazis, and this can be interpreted as a major threat for the lab practitioners as well. The
Protection from Harassment Act 1997, section 4A.Stalking involving fear of violence or
serious alarm or distress states that giving someone a sign of violence and threatening them
is a major offence. In this context, some indecent pictures have been sent to the people and it
is seen that Regina V Smith, Regina V Jayson: CACD 7 Mar 2002 is similar to the
incident (Swarb.co.uk, 2019). This case was related with sending some of the pictures of
children that are indecent in accordance with the social norms. In the given case scenario, the
Post Office Act 1908 has been violated and for this reason, Michaela is going to be
responsible (Legislation.gov.uk, 2019).
On the other hand, the process has included the right to express factor as well and in this case,
the court is going to take a stand for Michaela. This is a major part of the Human Rights.
Analysis of the situation says that being an active protestant she can take stands against the
laboratory. As per the context, killing some animal is prohibited and with special permission
that has to be done. If the lab is not considering the actor then it is a major criminal offence
from their end.
Article 2, Right of appeal in criminal matters states that anyone with legitimate proof can
ask for legal support against people who are considered main convict (Echr.coe.int, 2019).
On the other hand it is evident that the management of the lab can take steps against Michaela
on the basis of violating the Protocol No. 7 to the Convention for the Protection of
Human Rights and Fundamental Freedoms, ARTICLE 3 Compensation for wrongful
conviction. It was seen that she sent some of the disturbing photos and tried to tell that the
lab is practicing with malicious intent but she does not have any kind of solid proof. The
pictures may not be the accused labs and it will be a major factor that can go against her in
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the court. In this context United Kingdom Secretary of State for the Home Department v
British Union for the Abolition of Vivisection and another [2008] EWCA, Civ 870 can be
taken where it was stated that the experimentations can be done but for that some specific
reasons have to be there (Uts.edu.au, 2019). In this process, a balance can be maintained in
the society.
There are many prohibitions associated with the posting process and it is seen that the people
who are looking for a better kind of remedy for it needs to have an understanding of what is
indecent to be sent to a person. In this case the Post Office Act 1908 can be taken and it is
seen that in the subsection 63 Prohibition of sending by post explosive, inflammable, or
deleterious substances, or indecent prints, words, &c it is stated that sending indecent
objects and pictures are important to be managed and in this segment this has been violated
by Michaela.
There is a need of improvement and it is seen that the issues have to be sorted in a proficient
manner as well. Sending such obscene pictures or materials is against the law and that have
been violated. Some of the statutory restrictions can be, making sure that the pictures or
objects sent via post are not obscene and they are related with the purpose of non-malicious
intention. The objects have to be sent with a note to make sure that the receiver party is not
getting any wrong meaning of the factor. On the other hand, the posting services have to be
managed with proper kind of inspections as well before taking the objects so that any kind of
infringement of the legal aspects can be easily managed.
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Legal Opinion
In the case of Michaela, it can be said that I do not agree with article 10 verdicts of Bowman v
United Kingdom (1998). This is because the article 10 illustrates the point of freedom of
expression where livings being have the right to put out their opinions and ideas. Since
animals do not have ability to express themselves verbally, it does not imply that they not
have ability to express thoughts and feels. Animals have the choice to pick their masters,
create food preferences and perform other actions. All of these actions fall under the freedom
of expression of article 10. This is because of which the verdict of performing animal cruelty
acts in the public interest domain should not be permitted (Favre, 2014).
However, article 10 also illustrates the responsibilities and duties that come with being able
to express one openly. Owing to the fact that animals are not able, communicate similarly to
humans. This aspect creates a communication gap because of which if the animals have any
type of owner, then in that case they bear the responsibility of the animals’ actions.
In the of Bowman v United Kingdom (1998), the verdict of animal cruelty was permitted
under special grounds. These grounds included aspects such as religious sacrifice,
educational/ medicinal study of anatomy and others. Since all of these aspects help human
beings to move forward in the society better, it was decided that this direction was
appropriate in the case that was provided. However, in the case Michaela v the Murder Lab,
the issue is much broader in nature. Owing to which, the animal cruelty, which is being
performed might be assumed is much more boarder is nature. Here the implications of animal
cruelty for the reasons of product development and others exist. Due to this factor, it can be
recommended that a stay order to shut down the lab should be requested to the higher courts
(Hrcr.org, 2019).
Mason v Tritton and Another (1994) 34 NSWLR 572 is an animal cruelty case that where
issues of torture against ocean animals has been considered. In this case animal, water life
animals were used in order to ascertain how their skin would react to different artificial
colours. The verdict in this case was made that aboriginal and customary rule must be
followed if any experimentation on fishes were to be followed. In the case of Michaela, it can
be said that similar procedures must be followed if individuals or organisations wish to work
with animals, this would allow there to be a better level of treatment for animals. This would
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allow there to be better regulatory proceeding form the government and would allow there to
be lesser ill function (Uts.edu.au, 2019).
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Conclusion
From the given detail, it can be deduced that both the parties have breached the legal factors
and there is a high possibility of facing issues as well. Many conditions have to be followed
in order to practice some of the experiments that includes animal killing. In this context, the
picture sending aspect is a highly important factor to consider because that could have been
malicious for the recipient if he was a minor. Therefore, it can be deduced that the dilemmas
can be sorted in a proficient manner but it is highly necessary to emancipate the stipulations
that are connected with the concerned factors. It can be further deduced that Michaela needs
to control her emotions so that the issues like this does not occur in future. The cases that
have been considered in this report are adequate to consider as reference and they have made
a proficient impact on the analysis process. In future, both of the parties have to be more
cautious and in this process, a better situation is going to be developed as well.
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