Rethinking the 3Rs: From Whitewashing to Rights

Few other issues have prompted as many legislators to adopt legal instruction on the "proper" use of non-human animals (hereinafter referred to as animals) in medical and scientific research. Today, the 3Rs ( replacement, reduction, and refinement of animals in scientific procedures) are globally accepted by a vast majority of states (Blattner, 2014); and prominent international organizations, such as the World Organisation for Animal Health (Terrestrial Animal Health Code, 2018, Article 7(8)(3)) and the Council of Europe (Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes, 1986, Articles 6(2), 7 and 8). Widespread acceptance of the 3Rs is a notable achievement, since animal law is a relatively young field oflaw, and at­ titudes about the human-animal relationship diverge sharply across societies. As progressive as this established body of law appears, the rules govern­ ing research on animals-especially the 3R maxim that dominate this legal landscape-suffer from regulatory failure. First, and most importantly, de­ spite widespread commitment to replace and reduce animals in research, the number of animals used for experimental purposes worldwide is now the same as it was in the 1980s ( the number dropped in the 1990s and 2000s but has been rising ever since; Bayne et al., 2015, p. 3; European Commission, 2013; Taylor, 2013; Taylor et al., 2008; Taylor and Rego, 2016). Second, though the principle of refinement demands that the severity of experiments be dimin­ ished, countries are reporting a rising number of research procedures done on animals who are forced to endure the most severe experiments ( e.g., Neue Zurcher Zeitung, 2016). There is reason to believe that refinement, which seeks to ameliorate the conditions of animals used for a research procedure, fails to fulfill their basic welfare needs. For example, pursuant to the United States' Guide for the Care and Use of Laboratory Animals, a pig who weighs up to 50kg can be housed for up to five years on 15 square feet ( o.gm2), without any