Towards a Theory of Legal Animal Rights: Simple and Fundamental Rights

Stucki, Saskia

doi:10.1093/ojls/gqaa007

Cited by 41 publications

(21 citation statements)

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“…There is, after all, a strong and persistent movement in favour of fighting for specific rights of animals, most notably the Steven Wise and his Nonhuman Rights Project (NHRP) [ 26 ]. There have even been some advances in that field, with habeas corpus applications finding some success in Colombia and Argentina by extending the human right of liberty to captive animals [ 27 ]. Theorists such as Tom Regan [ 28 ] and Gary Francione [ 29 ] have articulated alternate theses for extending rights to non-human animals.…”

Section: Is the State Is Under An Obligation To Enforce Animal Welfar...mentioning

confidence: 99%

Animal Welfare Underenforcement as a Rule of Law Problem

Ferrere

2022

Animals

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Many have decried the state’s underenforcement of animal welfare legislation because of the direct negative effects on animal interests. This article will advance the argument that such underenforcement has a much deeper societal effect because it undermines the rule of law. It does so by first, reviewing rule of law literature to advance the proposition that the state has a general obligation to enforce the law and, specifically, animal welfare legislation. It then looks to the practical issues that arise with the argument, specifically prosecutorial discretion and private prosecutions. Finally, it concludes that the state’s underenforcement of animal welfare legislation does indeed run contrary to the rule of law, and thus regardless of whether we have the interests of animals at the front of our minds, it is a matter that should concern us all.

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Section: Is the State Is Under An Obligation To Enforce Animal Welfar...mentioning

confidence: 99%

Animal Welfare Underenforcement as a Rule of Law Problem

Ferrere

2022

Animals

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“…India's Supreme Court has revoked the Prevention of Cruelty to Animals Act under the Indian Constitution, which has provided for fundamental animal rights. The courts of Argentina and Colombia have extended the basic right of habeas corpus (right to freedom) along with the basic right of freedom for captive animals [24]. The existence of an act of recognition by the court of animal rights illustrates that there is an urgent practical need for animal rights to be guaranteed by law.…”

Section: The Environmental Ethics Related To Animal Rightsmentioning

confidence: 99%

“…To achieve a safe and prosperous condition for animals, it is necessary to have an awareness of ethics in using the environment, which is also the habitat of animals. Not apart from that, animal rights have originally been framed as moral rights, and they are increasingly articulated as potential legal rights [24]. That is why to save the habitat of human beings, especially animals that ethically utilize the environment, there must be a legal regulation from the government.…”

Section: The Environmental Ethics Related To Animal Rightsmentioning

confidence: 99%

An Ethical Perspective of Animal Rights Protection in Indonesia

Pinilih¹,

Sitepu²,

Saraswati³

et al. 2022

IJDNE

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An environment is a meeting place for every living creature. They have an important role in respecting each other's rights in the environment. One of the living creatures in the environment is fauna. As part of the environment, fauna also has rights that must be fulfilled in the environment to avoid fauna becoming rare and even extinct. However, nowadays, many types of fauna are becoming rare and even on the verge of extinction. Of course, this is also caused by the pace of human development with all its interests in the environment. Often, human interest underestimates the existence of rare and even endangered fauna. To overcome this, humans must have an awareness of the rights of fauna. One of the steps that can be taken is to incorporate moral awareness into the legal domain. Therefore, to build moral awareness in the conservation of endangered species, it is hoped that there will be regulations that can accommodate all of them. Simply, to build moral awareness of animal rights, a law that specifically guarantees animal rights is needed, if necessary, to guarantee its constitutionality in the state constitution.

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“…Simple "animal welfare rights" (e.g., the "right to be stunned before slaughter"), such as may be derived from existing animal welfare laws, generally provide for a narrow scope of protection and/or are weak due to their high susceptibility to being overridden by less important human interests. "Fundamental animal rights" (e.g., the right to life, including the "right not to be slaughtered"), by contrast, are strong rights along the lines of human rights that protect important interests and demand a high burden of justification for infringements (see Stucki 2020).…”

Section: Statutory Animal Rightsmentioning

confidence: 99%