Protection of animal interests within the framework of human rights

Humans have a complex relationship with other animals and animal species daily. Numerous legal systems contain norms that regulate humans' interaction with or treatment of other animals. In cases where there is an interference with a human right in consideration of an animal interest, or where the interference with a human right indirectly affects an animal interest, the position of animal interests vis-à-vis human rights should be determined. To answer how and to what extent animal interests can be regarded in legal disputes relating to human rights, it is important to revisit the notion of rights. Since human rights stem from common human interests, and those interests mostly intersect common animal interests as a result of sentience in animals, theoretical bases of justification for human rights and potential animal rights are comparable to one another. Despite this intersectionality, there is currently no legal system in which animals other than humans can hold rights. On the other hand, it is possible to encounter legal norms at both domestic and international levels that protect specific animal interests. The degree of protection varies considerably. A few constitutions are addressing certain animal interests, which do not only bind the legislature but also provide the judiciary with an interpretative ground. Several legal systems pay regard to animal interests through animal welfare regulations and anti-cruelty laws. Some legal systems also distinguish the legal status of animals other than humans from things. Conservation of animal species is often dealt with by international treaties due to the transnational character of the issue. These various national and international legal norms may contradict human rights in the course of their implementation. Protection of animal interests appears as a matter of public interest, and it may correspond to a legitimate aim for interfering with a human right. The proportionality of such an interference is contingent upon the protection standard provided in the relevant legal system. If the animal interest is sufficiently compelling, it may be more worthy of protection than a conflicting human right. In addition, human rights enjoyed by animal rights defenders may indirectly serve animal interests. As more people become aware of sentience in animals and acknowledge that animals hold interests that matter to them, animal rights become more achievable. Considering that human rights arose out of similar concerns, the framework of human rights may play an effective role in the protection of animal interests, and it may shape the progress towards animal rights.