The Recognition of Animal Sentience by the Law

Abstract

In order to protect nonhuman animals effectively, animal law must overcome many hurdles, be it the balance of human and nonhuman interests, the use paradigm, or narrow definitions of legal personhood or basic rights. A fact often overlooked in this uphill struggle is that the laws of most states recognize that animals must be protected because and to the extent that they are sentient. The legal recognition of animal sentience seems to nullify all and any attempts to deny them legal protection simply because they are not sufficiently appealing, emotionally close, or economically useful to us. However, the legal recognition of animal sentience does not overcome all our cognitive prejudices about animals. Using a comparative law method and insights from moral philosophy, this article analyzes the nature and scope of the legal recognition of animal sentience. It identifies its advantages in challenging arbitrariness and inconsistency and championing intrinsic animal protection and points to the most pressing shortcomings, including some states’ refusal to commit themselves to animal sentience and remaining prejudices in society and science. In concluding, the article offers ways to address and remedy these shortcomings and points to ways in which the concept can be used more effectively by academics and practitioners.

The sentience shift in animal research

“…Perhaps the first formal recognition of animal sentience in law was the inclusion of the rights of ‘sentient beings’ in the European Union (EU) constitution in 1997 (Hobson-West and Davies 2018 ); and the EU’s 2007 Treaty of Lisbon states that ‘the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals’ (European Union 2008 , Article 13). Additionally, many of the EU member states have animal welfare laws which recognize sentience (Blattner 2019 ). In the UK, for instance, animal research is legislated under the Animals (Scientific Procedures) Act (ASPA) 1986.…”

Addressing Animal Welfare Issues in Fetal Blood Collection for Fetal Bovine Serum Production

“…However, many jurisdictions have legislation stating that mammals (and other animals) are sentient and worthy of protection, and that this protection extends to fetal forms in the second half of gestation. 6 Ethically, it is wise to err on the side of caution and assume that, if there is connection of nociceptors to sub-cortical structures of the brain, and electrical activity in the brain, then the fetus should be considered to be sentient.…”

Engaging the “Animal Question” in International Relations

“…In this connection, it can initially be noted that most countries have today legally recognized animals as sentient beings. While this is explicitly or implicitly done in animal welfare legislation in most cases (Blattner 2019a), some legal entities have done so in their civil codes or the like. A case in point is the EU, which in 2008 included it as a general principle in the Lisbon Treaty (Nurse 2019, 38-43).…”