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TSCHGLPALPAN
CH
CH
Art. 4 Tierschutzgesetz (TSchG) - Grundsätze
TSchG; 1. Kapitel: Allgemeines
Art. 4 TSchG · Grundsätze
Wer mit Tieren umgeht, hat: a. ihren Bedürfnissen in bestmöglicher Weise Rechnung zu tragen; und b. soweit es der Verwendungszweck zulässt, für ihr Wohlergehen zu sorgen.
Niemand darf ungerechtfertigt einem Tier Schmerzen, Leiden oder Schäden zufügen, es in Angst versetzen oder in anderer Weise seine Würde missachten. Das Misshandeln, Vernachlässigen oder unnötige Überanstrengen von Tieren ist verboten.
Der Bundesrat verbietet weitere Handlungen an Tieren, wenn mit diesen deren Würde missachtet wird.
Gerichtsentscheide zu dieser Bestimmung (266)
A/2048/2023 · ge (art. 4 LPA)
Teacher Replacement Correspondence Not Appealable Administrative Decision
The core reason for the final order, as the court declared the appeals inadmissible because the contested letters did not constitute a decision under this article.
A/2048/2023 · ge (art. 4A LPA)
Teacher Replacement Correspondence Not Appealable Administrative Decision
The court found the appeal inadmissible under this article because the contested act did not constitute a decision affecting the appellant's legal situation.
A/639/2022 · ge (art. 4 al. 1 LPA)
Public Servant Appeal Against Sexual Harassment Warning Upheld on Merits
The court used this article to qualify the warning as a decision subject to appeal, thus establishing the admissibility of the appeal.
A/1736/2022 · ge (art. 4 LPA)
Employee Appeal Regarding Work Certificate Inadmissibility
The appeal was declared inadmissible because there was no appealable decision within the meaning of this article.
A/4252/2019 · ge (Art. 4 al. 4 LPA)
Heir's Appeal for Deceased Servant's Salary Denied Due to Employment Termination by Death
The court ruled on the admissibility of the appeal for denial of justice, which applies when an authority fails to decide after being formally summoned, as regulated by this article.
A/808/2020 · ge (Art. 4A LPA)
Association and Parent Appeal Regarding Third Weekly PE Period Declared Inadmissible
The core issue reviewed, though ultimately deemed inadmissible, relates to the right to an administrative act (droit à un acte attaquable) under this provision.
A/964/2019 · ge (art. 4 al. 1 LPA)
Appeal Against Probationary Head Chef Termination Upheld Despite Procedural Defect
Cited in the reasoning to define what constitutes an administrative decision, which is relevant to the admissibility check (section 1.a).
A/420/2019 · ge (art. 4 al. 1 LPA)
Public Employee v. Public Transport Operator Regarding Sick Leave Calculation
Cited in reasoning regarding the definition of a decision, not in the dispositive.
A/3451/2019 · ge (Art. 4 al. 4 LPA)
Appeal Against Refusal to Re-evaluate Examiner/Auditor Jobs During Salary Project Moratorium
Cited in the reasoning to define how a refusal to rule without legal basis is assimilated to a decision, supporting the finding of denial of justice.
A/1150/2019 · ge (art. 4A LPA)
Union Leave Refusal Admissibility Challenge
The conclusions seeking the annulment of the decision regarding the transmission of exchanges were declared inadmissible as they were deemed without object, since the decision in question had already been rendered (art. 7 D, 7 E).
A/1755/2017 · ge (art. 4 LPA)
Police Officer Rank Appeal Based on Equivalence of Old and New Exam Structures
Used to determine that the contested letter of April 18, 2017, was not a decision (whereas the decision of April 28, 2017, was the subject of the rejection).
A/2522/2018 · ge (art. 4 al. 4 LPA)
Transport Authority Employee v. Denial of Justice Regarding Employment Certificate Modification
Cited as the basis for equating the authority's silence with a decision in the context of a denial of justice claim.
A/1265/2018 · ge (art. 4 LPA)
Administrative Reassignment Appeal Dismissed as Non-Adjudicable Organizational Measure
The appeal was declared inadmissible because the contested act was considered an internal administrative act, not a decision subject to appeal under this article (although the article itself was also cited in relation to the inadmissibility on procedural grounds concerning irreprable prejudice).
A/981/2015 · ge (art. 4 al. 4 LPA)
Physical Education Teachers v. State Council (Denial of Justice in Job Re-evaluation)
Cited in connection with the principle that the silence of an authority, when obliged to rule, is assimilated to a decision.
A/2440/2015 · ge (art. 4 al. 4 LPA)
Association v. State Council (Denial of Justice Regarding Teacher Re-evaluation)
Cited as the legal basis for assimilating an authority's refusal to rule or delay in ruling to a decision.