The implementation of European animal welfare standards in Turkish animal protection legislation and case law.

INTRODUCTION

In this study, by examining the compatibility of Turkish legislation with the European convention on animal welfare through quantitative analysis and case law, the purpose is to fill a significant gap in the literature.

METHODS

The study employs a mixed-method approach encompassing quantitative legislative evaluation, case law review, and a strategic SWOT analysis. The compatibility of national laws with the Convention was quantitatively measured. Furthermore, a comprehensive analysis of 250 Supreme Court decisions was systematically conducted to assess the practical implementation and reflection of these international norms within the judicial system.

RESULTS

The findings reveal that Turkish legislation is generally 77% compliant with the Convention, indicating a level of compliance that is sufficient but could be improved. While full compliance is observed in areas such as the keeping of animals and surgical operations on animals, significant shortcomings persist in areas such as animal sanctuaries, trading, and commercial breeding. The case law analysis highlights a critical gap between international norms and judicial practice; only 3.6% of the examined decisions directly reference the Convention. Furthermore, only 33% of the cases that did reference the Convention resulted in outcomes in favor of animals; the majority of adverse outcomes arose from conflicts related to keeping animals in communal living areas.

DISCUSSION: By utilizing a strategic SWOT analysis, the study offers practical recommendations to address existing challenges. While presenting a clear roadmap to align national judicial practices with international animal welfare standards, the research also identifies the intrinsic relationship between judicial decisions, practical shortcomings, and the structural limitations within the Convention itself.