Court confirms ban on dangerous dogs

Dogs such as this rottweiler are banned in Valais. Keystone

The Swiss Federal Court in Lausanne has dismissed an appeal by a canine association against the banning of 12 dog breeds in canton Valais.

The verdict from Switzerland’s highest court now looks set to pave the way for other cantons to adopt similar measures.

Authorities in the southern canton had banned pitbull terriers and other dangerous dogs after a spate of incidents around Switzerland.

In the most publicised case, a six-year-old boy was mauled to death by pitbull terriers at the end of 2005 as he walked to school near Zurich.

Valais is the only canton to have introduced such severe restrictions, although Fribourg is due to ban pitbulls from July.

“It has to be recognised that on this issue the cantons have a wide latitude of judgement,” commented federal judge Alain Würzburger, whose proposition to throw out the appeal from the Canis association was supported by a majority of his colleagues.

The judge emphasised that even if all dogs could bite, attacks by some breeds could cause particularly serious injuries.

Accident prevention

He added that preventing accidents had priority over the right to freely acquire some breeds.

Valais authorities have banned pitbulls, American Staffordshire terriers, Staffordshire bull terriers, bull terriers, dobermanns, Argentine mastiffs, Brazilian mastiffs, rottweilers, mastiffs, Spanish mastiffs, Neapolitan mastiffs and tosas.

Würzburger said that the prohibited breeds represented less than two per cent of all the dogs in Valais.

Some judges noted that other breeds, including St Bernards and German shepherd dogs, were not part of the ban.

However, one judge – Adrian Hungerbühler – supported the appeal by Canis, commenting that the Valais government ban went too far and was contrary to the right to fair treatment.

Special permit

Adopted in December 2005, the regulations oblige owners who acquired a dangerous dog before the ban to have the dog examined. The animal may receive a special permit if it is sterilised.

A Valais lawyer defending the interests of Canis, Alain Cottagnoud, said he could “easily live with the Federal Court’s decision”, particularly in light of the fact that the Swiss government was working towards introducing different regulations to those of the Valais authorities.

Last week a commission of the House of Representatives proposed measures which foresee a ban on only the most dangerous of dogs, such as pitbulls.

The keeping of other dangerous dogs would be subject to approval.

swissinfo with agencies

In brief

A fatal attack by three pitbull terriers against a six-year-old boy in 2005 sparked renewed debate about a law on dangerous dogs.

Parliament debated measures to protect the population against dangerous dogs. The Senate and the House of Representatives supported a motion calling for legislation at the federal level.

Under current Swiss legislation each of the country’s 26 cantons is responsible for setting laws to control dog ownership.

Each year, around 13,000 people in Switzerland are bitten by a dog and need medical treatment.

Other cantons

In canton Geneva, all dogs have to wear a muzzle in public parks.

Canton Fribourg is preparing a ban on dangerous dogs.

Similar measures are being discussed in the cantons of Vaud, Jura, Bern, Zurich and Basel City.