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Animal rights


 

Animal rights, or animal liberation, is the movement to protect non-human animals from being exploited by humans. It is a radical movement, insofar as it aims not merely to attain more humane treatment for animals, but to include many animals within the moral community — that is, all those whose basic interests (for example, in not being made to suffer unnecessarily) ought to be given the same consideration as our own similar interests. The claim, in other words, is that non-human animals must no longer be regarded legally or morally as property, or treated merely as resources for human purposes, but should instead be regarded as persons. To this end the movement advocates that many animals be given legal rights to protect their basic interests.

Animal rights in law

Animals are protected under the law, though without having rights assigned to them. There are criminal laws against cruelty to animals, laws that regulate the keeping of animals in cities and on farms, the transit of animals internationally, as well as quarantine and inspection provisions. These laws are designed to protect animals from unnecessary physical harm and to regulate the use of animals as food. In the common law, it is possible to create a charitable trust and have the trust empowered to see to the care of a particular animal after the death of the benefactor of the trust. Some individuals create such trusts in their will. Trusts of this kind can be upheld by the courts if properly drafted and if the testator is of sound mind. There are several movements in the UK campaigning to require the British parliament to award greater protection to animals. The legislation, if passed, will introduce a duty of care, whereby a keeper of an animal would commit an offence if he or she fails to take reasonable steps to ensure an animal?s welfare. This concept of giving the animal keeper a duty towards the animal is equivalent to granting the animal a right to proper welfare. The draft bill is supported by an RSPCA campaign.

Related Topics:
Law - Criminal law - Common law - Charitable trust - Will - Court - Testator - British parliament - Duty - RSPCA

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Switzerland passed legislation in 1992 to recognize animals as beings, not things; and in 2002, the protection of animals was enshrined in the German constitution when its upper house of parliament voted to add the words "and animals" to the clause in the constitution obliging the state to protect the "natural foundations of life ... in the interests of future generations." http://archives.cnn.com/2002/WORLD/europe/06/21/germany.animals/index.html http://www.ebra.org/bulletin/win05_02.html

Related Topics:
Switzerland - German

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