Cantonal Council OW Obwalden parliament enshrines confiscation of dogs in law
On Friday, the Obwalden Cantonal Council approved an amendment to the law on dealing with dangerous dogs. The corresponding measures were previously set out in the implementing provisions and will now be transferred to the Veterinary Act.
28.06.2024, 11:03
SDA
The confiscation of a dog constitutes an encroachment on fundamental rights, the Federal Supreme Court concluded in 2019. This requires a legal basis, i.e. a parliamentary decree. The implementing provisions alone were not sufficient for this. This is why there is a "need for action" in the canton of Obwalden, said Veronika Wagner (center/GLP), President of the Commission for the Administration of Justice.
No material changes were made in the amendment. It is merely a "transfer" of the existing implementing provisions into law. The measures that can be ordered by the cantonal veterinarian are listed individually. For example, confiscation, relocation or even euthanasia can be ordered.
In the canton of Obwalden, confiscation only occurs every one to two years, the government wrote in its message. This does not necessarily lead to the dog being put down. Euthanasia is used rarely and as a "last resort".
The amendment was uncontroversial among all parliamentary groups. There were no discussions. The matter will be decided after a second reading.
The canton of Uri had to amend its veterinary ordinance in 2023 due to the Federal Supreme Court ruling. The court had upheld the appeal of a dog owner from Uri whose dog with a behavioral problem was to be confiscated by the canton. The Federal Supreme Court ruled that the canton lacked a "sufficient legal basis" for doing so.
