Sentience Matters: Analysing the Regulation of Calf-Roping in Australian Rodeos

SIMPLE SUMMARY: The rodeo event of calf-roping, also known as the ‘rope and tie’, involves a contestant on horseback chasing, lassoing, catching, restraining, lifting and forcing a calf to the ground before tying the calf’s legs. The calves used in the event are handled in a manner that is likely to elicit fear and distress, and cause physical pain. In Australia, animal welfare legislation operates to prevent or constrain people from causing pain or distress to animals because animals are sentient beings. In this commentary, we discuss the research establishing that calves are sentient and explore the welfare concerns associated with calf-roping. We conclude that the concerns are such as to warrant protection under animal welfare legislation. The regulation of calf-roping in Australia is then analysed to explore how calves used in the event are excluded from this protection. We suggest that the exclusion of calves used in calf-roping from certain legal protections may be inconsistent with the purpose of animal welfare legislation, and that the variation in protection for these calves and other animals with corresponding levels of sentience requires further attention. ABSTRACT: Animal sentience is recognised either implicitly or explicitly in legislation in all Australian states and territories. In these jurisdictions, animal welfare legislation prohibits acts of cruelty towards animals because animals have the capacity to experience pain or suffering. This acknowledgement is supported by scientific research that demonstrates animal sentience, as well as public opinion. Despite these legal prohibitions, calf-roping, a common event at rodeos, is permitted in the majority of Australian jurisdictions. In recent times, calf-roping has generated significant public concern due to the potential for injury, pain or distress for the calves involved. This concern is evidently shared in some overseas jurisdictions, such as New Zealand, where animal advocacy organisations have filed a legal challenge asserting that rodeo events violate New Zealand’s animal welfare legislation due to the pain and distress inflicted on the animals. This commentary discusses these welfare concerns, the legislative inconsistencies between Australian jurisdictions and the problematic legal status of calf-roping in Australia.