The Legal Status of Animals in European Law
Résumé
Legally protecting animals does not mean granting them a specific legal status, but rather preserving their welfare regardless of their legal status and qualification. The promotion of animal welfare is the European Union's response to the issue of the suffering of animals as sentient beings. It is tempting to make the ironic claim that animal welfare is more important than human welfare; however, it is not humans who are crammed together for fattening and consumption. Since animal suffering is unavoidable, the notion of welfare serves as a guide to organize the violence inflicted on them according to a logic of normalization. Animal welfare has two aspects: one negative, the absence of suffering (physical and psychological); the other positive, the satisfaction of its needs (physiological and ethological). European legislation has gradually incorporated both.