Journal article Open Access

Some Aspects of the Existence of Non-Human Rights in Relation to Human Rights

N.I. Tsekalova

The article is devoted to the study of the main trends in the development of non-human rights, the analysis of European and national legislation on this issue. The appearance of non-human rights is viewed through the prism of human dignity, the author supports the idea that dignity is an advantage of man and at the same time signifies his ability to "rule over other creatures, to create human civilization and its benefits, other socially significant things". After analyzing the basic doctrinal views on animal rights, the logical assumption is made that a person or an animal should be at least equal in two aspirations: preserving one's life and avoiding pain. This, in turn, automatically means the possibility of existence for these creatures: the right to life, the right to protection against personal injury, the prohibition of torture and the prohibition of moral harm. The four major Conventions adopted by the Council of Europe, which actually lack a clear list of animal rights, and the World Declaration of Animal Rights adopted by the International League of Animal Rights, which contain such a list of rights, as well as national legislation in the form of the Law of Ukraine on the Protection of Animals against Cruelty, are also analyzed ". After that, the author concludes that with the exception of such European countries as Spain, Switzerland and Germany, where animal rights are defined and enshrined at the legislative and general legal levels, the major world trends testify to their neglect and lack of study. This is the main reason why it is not possible to change the animal cruelty that prevails in society in some places.

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