![]() ![]() For example, to meet the requirements of animal protection legislation, the fulfilment of species-specific needs alone does not suffice, and each situation must be examined individually. The individual status of an animal means there is an obligation to take into account the animal’s individual qualities in decision-making under Section 1, subsection 2. Thus, lack of scientific certainty cannot be used as an excuse for neglecting animal rights provided by law. Due to the scientific uncertainty, the provision assumes the sentience of animals. According to the precautionary principle, all animals are considered to be sentient unless there is evidence to the contrary. The delimitation of sentient and insentient species is constantly changing and thus, when determining individual sentience in practice, the precautionary principle has to be applied for the benefit of the animal. There is some uncertainty especially in assessing the sentience of invertebrate species. However, given the current state of research, it is impossible to make a precise distinction between sentient and insentient species. However, the capacities of an animal affect the intensity and variety of animal’s experiences, which are of relevance when assessing the best interests of the animal and which must be taken into account according to the best current understanding and scientific knowledge.Īnimal research has demonstrated that sentience is widespread among various animal species. The respect for sentient beings entails that the self-understanding or cognitive capacities, or incapacities, of animals are irrelevant with regard to the protection of animals. Sentience is defined as a capability for experiencing positive and negative emotions. Sentient animals are individuals, whom humans must protect for the animal’s own sake. Article 13 of the Treaty on the Functioning of the European Union, where animals are legally recognised as sentient beings, is the basis of this subsection. The legal representation of animals is further specified by law.Įnsuring the rights, welfare and protection of animals is the responsibility of everyone.Īccording to subsection 1 of Section 1, sentient animals are individuals,whose fundamental rights and welfare requirements must be fully respected by humans. Animals’ right to be heard shall be exercised by their legal representative. ![]() The interests and individual needs of animals must be taken into account in all private and public activities that have a significant impact on their living conditions or chances of survival.Īnimals have legal standing. All animals shall be presumed to be sentient unless otherwise can be determined. Sentient animals are individuals whose fundamental rights and welfare requirements must be fully respected by humans. ![]()
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