Can all animal rights be protected in the present era?

This essay will focus on what are animal rights and how they are being protected
globally. This essay will consider the above question from two different point of view i.e.
a legal perspective and a social perspective. Then we will assess both perspective to
establish whether they are contributing positively on improving animal welfare. Animal
rights are characterized as " the belief that some, or all, animals other than humans
possess the right to have the ability to lead their own lives and that their most basic
needs such as the need to avoid suffering should be afforded the same consideration
as similar interests of human beings"(Regan, 1983) 1. Animal rights can be define as the
moral or legal entitlements endorsed to nonhuman animals, mostly based on their
cognitive, emotional, and social complexity, as well as their ability to practice pain or
pleasure2. The terms "animal rights" and "animal protection" or "animal liberation" are
mostly used collectively. More specifically, the concept of "animal rights" refers to the
belief that many animals have inherent rights to be treated with the same dignity as
people rights to life, and freedom from torment that cannot be superseded by concerns
about the welfare of the whole. Animal rights are in direct conflict with animal
mistreatment, which includes the use of animals by people for a number of purposes,
such as food, experimentation, or animals as pets. The destruction of animal habitats
by humans is another way that animal rights might be infringed. Animal’s capacity to live
the complete lives of their choosing is adversely affected by this3.

While looking into philosophical history of animal rights it was observed that in the
West, debates about the proper treatment of animals have existed for centuries. Ancient
Greek and Roman philosophers often discussed the moral status of animals. Influenced
by their faith in the transmigration of souls between humans and animals, the
Pythagoreans (6th–4th century BCE) and later the Neoplatonists (3rd–6th century CE)
argued that animals' interests should be respected. Aristotle (384–322 BCE), in his
biological works, sometimes suggested that animals exist for their own sake. However,
his statement in Politics that nature produced all animals for the benefit of humans
became his most significant and problematic view on the matter. The Stoics, who
believed that nonhuman animals lacked reason, regarded them as inferior beings, akin
to slaves, and thus treated them as insignificant. St. Augustine (354–430 CE) embraced
these Stoic ideas, which were eventually integrated into Christian theology4.

1
Regan, T. (1983). The Case for Animal Rights. University of California Press
2
John Capitanio, PhD (January 2017), Animal Research: Serving a vital role in psychological
science, American Psychological Association
3
https://www.bbc.co.uk/ethics/animals/using/pets.shtml

4
The Animal Rights Struggle An Essay in Historical Sociology Christophe Traïni
The phrase, "The law is made for men and allows no fellowship or bonds of obligation
between them and the lower animals" were repeated in P.A. Fitzgerald's 1966 treatise.
The primary effect of this perspective is that animals have historically been categorized
as "legal things" rather than "legal persons." Legal items do not have their own rights,
but legal persons do. Since it covers all laws that address the interests of non-human
animals or, more frequently, the benefits of their owners, the type of law now defines the
topic of "animal law," which is much more broad than animal rights. The current animal
rights movement is based on the underlying conviction that many nonhuman creatures
have rights that should be recognized, upheld, and protected. These basic interests,
according to proponents of animal rights, provide animals the right to moral and legal
protection5.

The principle behind animal rights is that humans should not utilize animals for any
purpose and that their rights should be protected in the same manner as human rights.
Animal welfare, on the other hand, is a collection of guidelines intended to oversee how
animals under human control whether for food, research, amusement, or other
purposes are treated. In a number of social contexts, including nature parks, zoos,
circuses, pet ownership, animal testing, and intensive farming, humans are inextricably
linked to animals, according to Marxist realist and sociologist Benton (1993, 1995). He
contends that animals are not seen as sentient beings but rather as property in each of
these situations. Additionally, he compares the working conditions in intensive animal
industries and slaughterhouses to factory farming6. The Hohfeldian typology of rights is
typically used to explain the formal structure of rights. Hohfeld is well-known for having
observed that the term "right" is often used aimlessly to refer "any sort of legal
advantage." He identified between four categories of conceptually fundamental rights:
rights, freedoms, authority, and immunity7.

The initial perspective to take into account argues that sufficient efforts are being made
to preserve animal rights. Many nations have achieved significant legislative progress to
protect animals. Legal reforms have been crucial, according to the American Society for
the Prevention of abuse to Animals (ASPCA), which notes that 50 U.S. states now have
misdemeanor prohibitions for specific types of animal abuse (ASPCA,
2023)8.Furthermore, the Treaty of Lisbon, which recognized animals as "sentient
beings" and mandated that member states give full consideration to animal welfare in
fields like research and agriculture, was one of the comprehensive measures adopted
by the European Union (European Commission, 2022). These legislative frameworks
demonstrate a strong dedication to animal rights 9. Public perceptions of animals have
also changed as a result of social awareness initiatives. 78% of people worldwide want
to see improved animal safety in farming industries, according to a 2022 World Animal

5
Animal rights what everyone needs to know by Paul Waldau ISBN: 978-0-19-973996-7
6
https://compass.onlinelibrary.wiley.com/authored-by/Munro/Lyle
7
doi:10.1093/ojls/gqaa007

8
ASPCA. (2023). Animal Cruelty Laws. Retrieved from https://www.aspca.org
safety survey. Companies have adopted more ethical procedures as a result of this
change in public awareness, such as cage-free policy and the prohibition of animal
testing for cosmetic purposes. One example of a worldwide shift towards supporting
animal rights is the worldwide beauty company Lush, which has long been a pioneer in
promoting cruelty-free goods (Lush, 2023) 10. It could be argued that adequate
measures are being made to preserve animal rights given the combination of changing
laws and rising public awareness.

Coming to the main sources supporting this perspective, the European Commission and
ASPCA give strong, reliable evidence. Both institutions are highly respected, with the
European Commission being a key legislative body and ASPCA having a long history of
animal welfare advocacy. Their findings suggest that institutional and societal
frameworks are increasingly oriented towards safeguarding animal rights, thus
indicating meaningful progress. Moreover laws on animal cruelty have been enforced in
Qatar since 1974. According to a well-known attorney, beating up a stray or pet dog or
cat could result in one in jail for at least two months, fined QR1,000, or both.
Additionally, anyone found guilty of murdering domestic animals, such as dogs, cats, or
honeybees, faces a minimum sentence of three years in prison, a fine of QR2,000, or
both. It appears that Qatar has increased its efforts in recent years to control the
country's animal welfare problems and abuses. Qatar Animals Welfare Society was
established in 2004 to rescue, rehabilitation of animals in Qatar11.

Moving on to the other viewpoint, not enough is being done to safeguard the rights of
animals. Wide areas of animal exploitation are still mostly unregulated or insufficiently
enforced, despite the social and legislative advancements. Animal Equality (2023) found
that billions of animals still endure suffering in factory farms that don't meet basic
welfare criteria. Extensive cruelty, including as overcrowding, a lack of veterinary care,
and inhumane slaughter techniques, have been found during investigations, indicating a
gap between the law and its implementation. Moreover, in the scientific research sector,
the National Institutes of Health (NIH) reported that nearly 800,000 animals are used in
federally funded experiments annually in the U.S. alone (NIH, 2023) 12. Although some
laws like the Animal Welfare Act regulate these practices, loopholes exist that eliminate
certain species like rats, mice, and birds, which represent over 95% of animals used in

9
European Commission. (2022). Animal Welfare. Retrieved from
https://ec.europa.eu/food/animals/welfare_en

10
Lush. (2023). Fighting Animal Testing. Retrieved from https://www.lushusa.com
11
https://www.qaws.org/newsite/

12
National Institutes of Health (NIH). (2023). Research Involving Animals. Retrieved from
https://www.nih.gov
research (PETA, 2023)13. This loophole suggests that current legal protections are
insufficient and that many animals remain exposed to exploitation.

The reliability of the references cited to support this viewpoint PETA, NIH, and animal
equality are important. An international group called Animal Equality works to promote
animal advocacy through research and teaching. One of the most well-known animal
rights organizations in the world is PETA. Their statistics and campaigns, which are
frequently backed by copious amounts of facts, highlight enduring weaknesses in the
defense of animal rights. Laws like the Animal Welfare Act, efforts by groups like PETA
and the World Animal Protection, and rising public awareness of animal abuse are all
part of the fight to protect animal rights. In practical ethics and animal rights theory,
speciesism is the practice of considering individuals of one species to be morally
superior to those of other species’.
However, widespread animal abuse continues in a variety of industries, including
scientific research, entertainment, and agriculture, in spite of these attempts. Therefore,
this article will discuss one by one the different form of speciesism and investigate
whether the current policies are adequate to guarantee the preservation of animal rights
and what measurements should be taken for animal welfare.

Livestock or animal farming is the preparation of raising animals for their products.
Domesticated animals such as cattle, pigs, sheep, goats, horses, mules, donkeys,
buffalo, and camels, as well as the commercial farming of birds for meat or egg
production including chickens, ducks, geese, guinea fowl, and pigeons (squabs).
Animals used in this process are. Standards for animal welfare cover things like
sufficient space, hygienic water, enough food, and veterinary treatment. These
requirements are necessary to guarantee that livestock producing animals live in
environments that reduce stress and enhance their physical and mental well-being. To
guarantee the wellbeing of animals, farmers must abide by rules set forth by the World
Organization for Animal Health14.

An animal test is any scientific technique or experiment that results in pain, distress,
discomfort, or long-term injury to a living animal. The 3R’s principle was introduced by
English biologists which stands for Replacement, Reduction and Refinement.
Replacement refers to techniques that do not use or substitute the usage of animals.
This covers both absolute (i.e., substituting computer models for animals) and relative
(i.e., substituting vertebrates with species that are less likely to perceive pain, such
certain invertebrates). Reduction is any strategy that, without sacrificing animal welfare,

13
PETA. (2023). Animals Used for Experimentation. Retrieved from https://www.peta.org

14
Pros & Cons of Farming Systems-Practices in Agriculture: A Discussion S. Jeevananda Reddy
Formerly Chief Technical Advisor – WMO/UN & Expert – FAO/UN Fellow, Telangana
Academy of Sciences [Founder Member] Convenor, Forum for a Sustainable Environment
Hyderabad, TS, India.
will increase the amount of information gathered per animal and possibly limit or
eliminate the need for additional animals in future, or will result in the use of fewer
animals to gather enough data to address the research question. The term "refinement"
describes how husbandry or experimental techniques are changed to lessen suffering
and improve the welfare of an animal used in research15.
Blood sports, in which animals are purposefully abused and tormented for human
amusement, are among the most terrible acts of animal exploitation in sports. For
example, in bullfighting, a matador will torture a bull until it dies. In addition to blood
sports, even apparently less violent activities like dog and horse racing carry serious
welfare risks. These animals frequently experience physical stress, which raises their
risk of harm and death. The delicate balance between ethics and enjoyment means that
the treatment of animals determines whether or not their usage is never acceptable.
After all, moral responsibility and compassion should serve as the foundation for any
decisions pertaining to animals in sports16.
For large number of individuals, zoos are sole opportunity to witness stunning creatures
that are indigenous to distant ecosystems. These creatures include lions, elephants,
pandas, lemurs, and many more. However, zoos are criticized by environmental
advocates and animal welfare groups for their cruel treatment of the creatures they are
supposed to preserve. Pros of zoos are for researchers, they may be significant. After
visiting the zoo, people may behave in a more "eco-friendly" manner. Zoos can assist in
teaching kids about animals. Zoos can prevent the extinction of endangered species.
Cons of zoos are not all zoos assist in conservation. For certain wild animals to be
brought to zoos, they must be captured. Animal abuse includes much more than simply
striking or beating an animal. Additionally, it has unfavorable training methods 17.
In conclusion, even if social awareness and legislative changes have significantly
improved animal rights, the extent of continuous animal suffering still makes these
efforts ineffective. Animals are still exploited in the entertainment, scientific, and factory
farming sectors, frequently beyond the scope of existing laws. I believe that not enough
is being done to completely defend animal rights at the moment, based on the study
that has been done and the reliable sources that have been gathered. However, more
robust and all-encompassing animal safeguards may be possible in the future as a
result of ongoing activism, legislative change, and public pressure.

15
World Animal Protection. (2022). Global Consumer Survey

16
Cass R. Sunstein, "The Rights of Animals," 70 University of Chicago Law Review 387 (2003).

17
A STUDY ON ANIMAL RIGHTS Naresh Kumar R, Yudesh Raghavan K II yr Mechatronics
Engineering SNS College of Technology, Coimbatore -641035