Another Step towards Animal Welfare: The Dispute on the Non-human Creatures’ Dignity

Abstract

This article aims to clarify the academic debate regarding the possible application of “dignity” to non-human animals by critically analysing the interpretation of the concept in the existing literature and legal doctrine. The central question posed is not of philosophical nature (whether animals can be considered to have dignity), but rather pragmatic: the aim of this article is to assess to what extent “animal dignity” can function as a normative principle in the development and interpretation of legislation, aligning with the growing concern for animals in society today. The article discusses the different definitions of animal dignity, contrasting its jurisprudential treatment with the more well-known animal welfare and animal rights approaches. It also identifies some traces of the notion that are found in positive law, assessing to which extent a shift from welfare to dignity is taking place already. The concept of animal dignity might offer a promising way out of the current stalemate between animal welfare versus animal rights and can lead the central debate in a new direction.