Análisis de los Ensayos Realizados Para el Estudio de las

The claims of vegans are primarily for the moral standing of nonhumans set against a backdrop of entrenched prejudice. The claims of vegans also arise in the context of a widespread general societal feeling of responsibility and compassionate regard for the moral standing and suffering of nonhumans. In this regard, there are cases that strongly express the immorality of cruelty to nonhumans.172 The ECtHR has protected the right to freedom of expression concerning the expression of compassionate responsibility to animals.173 It has rejected an application for a right to hunt foxes with hounds under the human right to freedom of conscience.174 In wider society and in law, animals are not regarded as objects, and many regional

171

In 2001, Barry Horne, a vegan animal rights activist, died in Long Lartin Prison, Little Sutton, UK following a period of self-imposed food deprivation: BBC News, ‘Animal Activist Dies on Hunger Strike’ (BBC News, 5 November 2001) <http://news.bbc.co.uk/1/hi/england/1639225.stm> accessed 26 July 2016. In 2015, a disillusioned vegan prisoner in the UK refused to eat and drink (personal communication, The Vegan Society, 2015). Currently, in Turkey, Osman Evcan is suffering from being denied the right to manifest his vegan (and other) beliefs and from a lack of appropriate vegan food. Osman initiated a hunger strike in 2011: ALFSG,’Animal Liberation Front Supporters Group’ December 2011 <http://www.alfsg.org.uk/mags/SG_Dec_2011.pdf> accessed 26 July 2016. In 2009, there were around 500 vegan prisoners in the UK (The VPSG, 2009). For more information on this topic, see Vegan Prisoners Support Group <http://vpsg.org/> accessed 26 July 2016.

172

See, for example, the lengthy discussion on animal cruelty in the 52-page case report of Let the Animals Live v Hamat Gader LCA 1684/96. In this case, the Israeli Supreme Court stated that regard for nonhumans concerns our innermost feelings and any abuse disgusts us. It confirmed that we have empathy for vulnerable nonhumans and that there was a moral imperative to protect them. Available at

<http://elyon1.court.gov.il/files_eng/96/840/016/g01/96016840.g01.pdf> accessed 13 May 2017.

173

For example, the ECtHR has ensured that dissemination of the explicit brutality and graphic facts of seal hunting are not considered defamatory towards seal hunters because of a ‘vital public interest in ensuring an informed public debate over a matter of local and national, as well as international, interest’. See Bladet Tromsø And Stensaas v Norway App no 21980/93 (ECtHR, 20th May 1999). It has also confirmed that there is no breach of the peace if blowing a horn to disrupt a fox hunt is not accompanied by any violence or threat. See Hashman and Harrup v UK App no 25594/94 (ECtHR, 25th November 1999). It has confirmed that matters concerning nonhuman animal welfare are in the public interest to the extent that restrictions under an Article 10 right to freedom of expression are significantly limited: ‘The Court reiterates that there is little scope under Article 10 s 2 of the Convention for restrictions …’. See Verein Gegen Tierfabriken Schweiz (Vgt) V Switzerland App no 32772/02 (ECtHR, 30 June 2009).

174

See, for example, Friend, The Countryside Alliance And Others v UK App no 16072/06 and 27809/08 (ECtHR, 4th November 2009). (Though in the protection of minorities, under the ICCPR, the right to pursue traditional cultural practices may extend to hunting and trapping animals.)

68 constitutions provide general protection for animals.175 Protection for animals exists at the level of the UN and the European Union;176 animals are regarded as individual living beings capable of experiencing pain and fear and, as such, are regarded to be sapient as well as sentient.177 These circumstances reflect the uncontested empirical human concern for nonhuman animals. They also correlate to the development of positive law that facilitates living with ethical regard for the lives of nonhuman others: for example, proposed developments regarding food labelling law.

There are also other areas of everyday social life that reflect the human concern with nonhuman animals. For example, the RSPCA reports that in 2015, it received 1,118,495 phone calls about animal welfare. On average, this amounts to one telephone call every 30 seconds. In the same year, the RSPCA investigated 143,004 complaints of cruelty and secured 1,781 convictions by private prosecution.178 It is also estimated that in Europe, humans spend 15 billion Euros on purchasing products and services for companion animals.179 In 2016, hundreds of well-wishers with their dogs in Cornwall accompanied a dog named ‘Walnut’ and his carer on a final outing prior to his passing by compassionately motivated euthanasia on medical grounds. As they did, thousands more around the globe walked their

175

For example, the Constitutions of Brazil, India, China and Florida recognise nonhuman animals. International environmental law also emphasises concern for nonhuman animals. Such law is established in the United Nations, Africa, America, Association of Southeast Asian Nations, the World Trade Organisation, the Council of Europe and the European Union.The recognition of animal sentiency in various European states is, to a large extent, related to the inclusion of animals as sentient in the Treaty of Amsterdam Amending the Treaty on European Union (Amsterdam Treaty)). Since this Treaty, Germany, Austria, Switzerland and France have all incorporated the sentient status of animals into their animal welfare legislation. In 2015, New Zealand followed suit, amending its Animal Welfare Act of 1999 primarily to reflect that animals are sentient: New Zealand Parliamentary Council Office, Animal Welfare Amendment Act (No 2) 2015

<http://www.legislation.govt.nz/act/public/2015/0049/latest/DLM5174807.html> accessed 18 June 2016.

176

See, for example, the list of ‘animal welfare’ and conservation treaties and declarations in Hass (2014).

177

‘Sapience’ is a term used to describe the set of abilities organisms have that enable them to to act or function according to their specific species and environment.

178

Royal Society for the Prevention of Cruelty to Animals, ‘Facts and figures: Key Information’ <http://media.rspca.org.uk/media/facts> accessed 17 July 2016.

179

The European Pet Food Industry Federation (FEDIAF) ‘Fact and Figures 2014’ [PDF] <http://www.fediaf.org/facts-figures/> accessed 17 July 2016.

69 companion dogs at the same time in a gesture of compassionate support.180

In this context of widespread care and regard for nonhumans, activists have secured legal rights for a chimpanzee,181 city councils have banned the sale of fur,182 the dietary element of veganism has been validated as beneficial by dietetic and health care organisations,183 legislation now exists on the right to be provided with vegan food in public institutions,184 schools are providing completely plant-based food,185 and sports personalities are speaking out against the use of animal derivatives in equipment.186

The confused social and political conditions in which other animals feature in intertwined human societal arrangements affect legal responses to veganism.187 Carlo Prisco notes that, generally, vegans can expect prejudice in the courtroom and that where a vegan diet requires a defence, this is unlikely to be provided by attorneys. He generalises that attorney are scared to defend (and first to condemn) the dietary element of veganism.188

The concerns of vegans that lead them to make human rights claims

180

Patrick Sawyer, ‘Owner ‘flabbergasted’ as hundreds join Walnut the whippet on his final walk after Facebook invitation’ (The Telegraph, 12 November 2016) <http://www.telegraph.co.uk/news/2016/11/12/hundreds-join- walnut-the-whippet-on-his-final-walk/> accessed 14 November 2016.

181

Seeker, ‘Zoo Chimp Has Legal Rights, says Judge in Argentina (Seeker, 7 November 2016)

https://www.seeker.com/zoo-chimp-has-legal-rights-says-judge-in-argentina-2083850453.html> accessed 28 June 2017.

182

Fur Free Alliance, ‘City of Berkeley Bans the Sale of Fur’ (Fur Free Alliance, 10 April 2017) <http://www.furfreealliance.com/city-berkeley-bans-sales-fur/> accessed 28 June 2017.

183

See, for example, British Dietetic Association, ‘Food Facts Sheet: Vegetarian Diets’ <https://www.bda.uk.com/foodfacts/vegetarianfoodfacts.pdf> accessed 21 July 2016.

184

Most notably, Portugal has recently introduced legislation to this effect.

185

Admin, ‘Daycares in Finland are Going Vegan’ (Ecorazzi, 18 May 2016)

<http://www.ecorazzi.com/2016/05/18/daycares-in-finland-are-going-vegan/> accessed 21 July 2016.

186

Leon Watson, ‘Yorkshire’s Vegan Cricket Coach Stumps Sponsors after Questioning Use of Leather Balls and Calling for Entire Dairy Industry To Be Shut Down’ (The Telegraph, 7 June 2016)

<http://www.telegraph.co.uk/news/2016/06/07/yorkshires-vegan-cricket-coach-angers-sponsors-after-calling- for/> accessed 21 July 2016. See also former Everton professional footballer Neil Robinson’s website

<http://veganathletesforpeace.com/about/> accessed 21 July 2016, and that of professional runner Fiona Oakes <http://www.greatveganathletes.com/fiona-oakes-vegan-marathon-runner> accessed 21 July 2016.

187

There are a variety of cases concerning veganism in employment, family and medical contexts.

188

Prisco (2017) 114. Prisco emphasises how scientific data from the American Dietetic Association helped him to litigate in the case of a young child expelled from school because the client could not provide medical certification that the child was in good health and underwent periodic health assessments.

70 represent the moral imperative to respond positively to nonhuman suffering. Vegans do not wish to be associated with killing or be compelled to assimilate into the dominant culture of prejudice towards other animals by being required to participate in speciesist practices. Of significance is that vegans present a moral imperative that requires practical manifestation. Their claims under the heading ‘human rights’ are made in the context of relationships with government authorities. They are claims that are not well understood and that are predominantly dismissed and inconsistently accommodated.189