One Health, One Welfare, One Right: Introducing Animal Rights in Europe

Abstract

Abstract The increasing interlinkage between humans and animals has led to the emergence of the ‘One Health’ and ‘One Welfare’ discourse. The covid-19 pandemic has proven the intersectionality between humans and animals and fueled these campaigns even more. The concept of One Health has in particular found its way into regulatory policy. A World Health Assembly resolution of 19 May 2020 includes a specific reference to One Health as an approach that could guide the research into the origin and transmission of covid-19 and the prevention of future pandemics. The EU also devotes attention to the One Health concept and approach, for instance with regard to its Action Plan against Antimicrobial Resistance and a study requested by the committee on the Environment, Public Health and Food Safety that examines the relation between different zoonotic pandemics and the livestock sector. While we acknowledge the interwoven connection between animal and human welfare and health, a similar approach regarding legal protection has been almost totally ignored. Hence, regarding the current momentum of animal-human integration and following the example of these movements, the time has come to consider a ‘One Right’ approach to address legal rights for (nonhuman) animals in Europe. This contribution will canvass two possibilities for legal animal rights within the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms (echr). Firstly, the umbrella of article 8 of the echr and the case for a human right to animal protection will be explored. Currently, it has been accepted that this right to respect for private and family life also entails the right to a healthy environment. It is contended that likewise simple animal rights can be created under Article 8 following a responsible anthropocentric angle. In contrast, a second entry-point which will be scrutinized concerns a biocentric viewpoint and departs from an extensive interpretation of Article 1 of the echr. Through a dynamic and (r)evolutionary interpretation the personal scope of the echr can be extended to include (certain) animals.