Europe Grants Animals Legal Status of Sentient Beings
On December 1st, the European Union granted the legal of “sentient beings” to fish and farmed animals for the first time. The political victory will shape all future legal measures in Europe related to raising, transporting and slaughtering animals.
“A sentient animal is one for whom feelings matter.” John Webster, Professor Emeritus, University of Bristol
The efforts were started by Compassion in World Farming in the 1980s and became the basis for a persistent, long-term campaign. At first, in 1991, on the grounds of a petition to the European Parliament, these had “sentient” being recognized as a status in a non-binding treaty declaration. In 1997, “sentience” was included in a treaty protocol, which then carried some legal force. Now, in 2009, this status has been granted in the main text of the Lisbon Treaty. It carries even far more legal power.
The gains won this year have set a vital precedent.
Philip Lymberry, who runs Compassion In World Farming, said that a dream had come true. The charity promised to work onto their next target of putting an end to factory farming and the long distance transport of animals.
“In formulating and implementing the Union’s agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.”
Consolidated versions of the Treaty on European Union and the Treaty on the functioning of the European Union, from the Official Journal of the European Union.
Animal rights victories are all about setting legal precedents, Compassion In World Farming said. This victory will not only advance the possibilities for animal protection in Europe, it will also give activists all around the world encouragement and grounds to seeking similar protection in their own nation.
Such political developments in Europe are not new. In fact, from 1800 onwards there were many attempts to introduce animal welfare or rights legislation.
Looking at this century, the New Zealand’s Parliament enshrined in law protection for “non-human hominids”, more commonly known as great apes. The Animal Welfare Act became law from January 1st 2000, prohibiting research, testing, or teaching on chimpanzees, bonobos, gorillas, orangutans.
The NZ Minister for Food and Fibre, John Luxton, who was responsible for the passage of the bill through Parliament, stated, “This requirement recognizes the advanced cognitive and emotional capacity of great apes. New Zealand is the first country in the world to legislate in this way.”
In Holland a political party called ‘The Party for the Animals‘ was established in October 2002 to protect the interests of animals. It already has 2 of the 150 seats in the Dutch House of Representatives. Partij Voor De Dieren was the first party in the world to gain parliamentary seats with an agenda focused primarily on animal rights.
In 2008 apes received legal rights when Spain become the first country to extend legal rights to primates, outlawing harmful experiments on them. The Spanish parliament’s environmental committee voted to approve resolutions committing the country to the Great Apes Project, designed by scientists and philosophers who say that humans’ closest biological relatives also deserve rights.
The Lisbon Treaty comes into force on December 1st 2009.
