Facts
X. and Y. are researchers at the Institute of Neuroinformatics of the University of Zurich and the ETH. On January 31, 2006, they applied to the Veterinary Office of the Canton of Zurich for permission to conduct an animal experiment with four rhesus monkeys. The aim of the experiment was to gain fundamental scientific knowledge about the visual system and its learning ability, which could later also be used to improve rehabilitation measures for stroke patients.
The Veterinary Office initially approved the animal experiment, but the cantonal Animal Experimentation Commission and six of its members appealed to the Directorate of Health. This revoked the approval. The two applicants unsuccessfully appealed this decision to the Administrative Court of the Canton of Zurich.
With their appeal to the Federal Supreme Court, X. and Y. requested the annulment of the decision of the Administrative Court and the confirmation of the original approval by the Veterinary Office.
Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the planned animal experiment would inflict disproportionate pain, suffering or harm on the non-human primates, measured against the expected gain in knowledge.
Although the experiment serves to gain fundamental scientific knowledge that could also be used to improve rehabilitation measures for stroke patients, the concrete clinical benefit is highly…