For millions of years, life has existed on the planet Earth, and various species have lived across this planet. Humans, as one of these species, through some complex evolutionary processes, have achieved remarkable intellectual abilities and, with their help, have been able to dominate other species. This dominance and superiority have gradually been moderated with the emergence of moral values and humanity’s understanding of a concept called “peaceful coexistence with other species.” In today’s world, almost no one denies the wrongness and immorality of harming other living species. Based on these commonly accepted moral values, legal rules and standards have gradually been established to recognize the rights of animals and set boundaries for human behavior towards them.

In the field of international legal documents related to this subject, one can refer to the Universal Declaration of Animal Rights, adopted on October 15, 1978, through the efforts of UNESCO in Paris. In the preamble of this declaration, references are made to issues such as: “The lives of all living beings originate from the same source and have diversified in the course of evolution; all living beings have natural rights, and all animals with a nervous system possess specific rights. Neglect or even outright ignorance of these natural rights has caused serious harm to nature and has resulted in crimes against animals. The coexistence of species in the world depends on the recognition of the rights of other animal species by humans, and respect for animals by humans is inseparable from respect for humans toward each other.” The ten articles of this declaration also set forth general rules regarding the treatment of animals. For example, in Article 3 of this declaration, it is stated: “No animal should be subjected to inappropriate treatment or cruel acts. If the killing of an animal is necessary, it must be instantaneous, painless, and without fear. The dead animal must also be treated appropriately.” Or in Article 9 of this declaration, such a duty is assigned to governments: “The personality of animals and their rights must be recognized by law. Representatives must exist within governmental institutions to defend and protect animal rights.” Finally, in Article 10 of this declaration, it is stated: “From childhood, there must be public education aimed at guiding individuals to pay attention to, understand, and respect animals.”

One of the important challenges in the field of animal rights is the management of stray animals. In various legal systems worldwide—especially in Western countries—many laws and directives have been established in this regard. In the United States of America, laws such as the Animal Welfare Act and the Act to Prevent Cruelty to Animals, while setting general rules for the maintenance and treatment of animals, have also stipulated the necessary practical and executive mechanisms in this regard. In Europe, too, significant measures have been taken to organize the situation of stray animals. For instance, in the Netherlands, through the implementation of a nationwide program with government funding known as “CNVR” (Collect, Neuter, Vaccinate, and Return), the issue of stray dogs was completely resolved. The World Animal Protection Organization has described this program as the most effective way to combat the population of stray dogs. In this country, a tax was also imposed on dogs purchased from shops to encourage people to turn to shelters and adopt homeless dogs. The Dutch government has also launched an Animal Police Force to oversee crimes against animals, in addition to controlling the situation of animals throughout cities and rescuing them.

In Iran, the first legal action related to the organization of stray animals can be found in Article 55 of the Municipal Law, approved in 1955, which enumerates the duties of municipalities. Clause 15 of this article declares one of the duties of municipalities as follows: “Preventing the spread of contagious diseases in humans and animals and reporting such diseases to the Ministry of Health, health institutions, and veterinary organizations, as well as to neighboring municipalities during outbreaks; isolating patients with contagious diseases; collecting stray animals; killing sick, harmful, and stray animals; preventing the grazing and wandering of livestock in the city; and exterminating pests.”

Various regulations and directives have been approved and implemented to carry out this duty, the latest of which is the “Guidelines for the Management, Organization, and Control of Stray Dog Populations,” approved by the Municipalities and Rural Affairs Organization in 2022. These guidelines detail extensive regulations regarding the methods of capturing stray dogs, the necessary equipment and standards to be followed for capturing them, the characteristics of holding facilities, and the rules governing these centers as well as the methods of release or adoption of these dogs. In Article 25 of this directive, the important issue of painless death for stray dogs is addressed, and this action is only accepted for dogs suffering from incurable diseases or unbearable, untreatable injuries. It is also emphasized in this article that the implementation of the painless death method must only be carried out by a veterinarian, considering all ethical and professional standards. Article 26 also provides sanitary regulations for the burial of carcasses. However, what is noteworthy about this directive is its limitation to stray dogs and, consequently, its inability to extend its provisions to other stray animals, as well as the lack of appropriate and effective enforcement guarantees for its provisions. On this basis, the absence of a comprehensive law in this field is felt in the Iranian legal system.

To fill this void, the “Animal Protection Bill” was approved by the Council of Ministers in June 2021 and submitted to the Islamic Consultative Assembly to be enacted into law. However, as of the writing of this article, it has not yet been approved by the parliament.

Chapter Four of this bill (Articles 11 to 29) is dedicated to the organization of stray animals. In Clause 2 of Article 21 of this bill: “The elimination of animals suffering from incurable contagious diseases” is permitted, and in Subclause 2 of the same article, it is stipulated: “To eliminate animals, the method must be determined by a qualified veterinarian with a national veterinary license number, and the process must adhere to the ethical principles of animal welfare to ensure a peaceful, painless, and distress-free death for the animal.” Chapter Six of this bill (Articles 34 to 47) also deals relatively extensively with the issue of “animal cruelty,” enumerating certain examples of animal cruelty and prescribing legal penalties for individuals who engage in animal abuse. This criminalization, which aligns with the general conscience of society, is considered one of the positive aspects of this bill.

Unfortunately, more than three years after this bill was submitted to the Islamic Consultative Assembly, it has not been approved, and Iranian society is still deprived of a proper law in the field of protecting animal rights and preventing harassment and cruelty against them.