IT'S enough to make a fish gasp - animals receiving legal representation, the right to die with dignity, and custody of pets determined by a judge, similar to children in divorces.
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This is the case in Switzerland, where the constitution was amended in 2008 to confer animals with legal rights.
On Sunday, Switzerland's first animal lawyer arrives here for a three-week speaking tour of the capital cities, advocating similar rights for animals in Australia.
Antoine Goetschel has represented a 10-kilogram pike. A fisherman who caught the fish faced criminal prosecution for causing excessive suffering to the pike after he boasted to a local newspaper that he had spent about 10 minutes, and considerable physical effort, landing the fish.
He lost that case and the pike was eaten, but he said it had raised awareness. ''Animals should have a voice in the law. I was an animal attorney in Zurich and I represented the animals' interest in every court case involving animal mistreatment.''
Mr Goetschel, a vegetarian, said Swiss law schools reviewed 20 years of case law on animal mistreatment and identified gaps that made prosecution more difficult. As a result, a third distinct category was created for the treatment of animals in civil law.
''There was a change. Animals are no longer simple objects; they are a third category between human and property.
''Changing legislation, giving the animal dignity in the law, promotes a mild shift in society. It did so in Switzerland. If you know kangaroos, crocodiles and fish have something that makes them more like human beings, they are treated better.''
In Europe, Germany, Austria, Switzerland, France and Poland have followed the Swiss approach to animal rights. Mr Goetschel said North America and Australia were lagging behind.
PETA Asia spokeswoman Ashley Fruno said the animal rights group would support changes to give animals a voice.
''We advocate for laws that protect animals and don't treat animals as property. Just as divorces are difficult for children, they're difficult for animals too,'' Ms Fruno said.
Minister for Agriculture, Fisheries and Forestry Joe Ludwig said the federal government could not legislate on the issue.
''The Commonwealth has no role in the implementation of domestic animal welfare standards. That is through state and territory legislation,'' Senator Ludwig said.
Mr Goetschel will be speaking at the ANU College of Law on Wednesday, May 8, at 5.45 pm.
