Abstract
Neither Labor Law nor Civil Law has yet drawn the legal consequences of the existence of labor relations that unite animals and man. There are no rules protecting animals at work, while their participation in multiple human activities is unequivocal. The use of horses in sports and tourism generates wealth, while the services they provide save or improve lives. While it is easy to with animals, it is true that it is never explicitly recognized that animals with people. Why? Because animals are subject to the legal regime of property. The case of an animal as versatile as the horse leads us to believe that after having inspired numerous animal protection laws, his participation in society through work could be the first to be recognized. A service provider, transporter, plow, therapist, athlete... he has many roles and is recruited according to his personal skills and physical, intellectual or emotional abilities that make him unique. The social fact that animal labor represents prompts us to claim the specific protection of animals in this context, in light of the emergence of their fundamental right to welfare and, therefore, not to be mistreated. Being well treated in the workplace should be considered as a right of the working population, not as a specific human right. Likewise, the protection and monitoring of the health of the sportsperson must be an imperative that goes beyond the species to which the athlete belongs. This contribution was presented during the Symposium organized by the ADDCDA (Association des Doctorants et Docteurs du Centre de Droit des Affaires) on 11 October 2018 at the University of Toulouse 1 Capitole, on the theme of Sport and Business Law. It is part of the DER2015-69314-P project financed by MINECO, on the legal status of animals.
Highlights
The betting on horse races generates around €10 billion in revenue each year[1]
In addition to the application of protection standards based on the animal athlete's special vulnerability, and in view of the increased risk of doping, the animal's key contribution calls for a reform of its legal status and the promotion of the reallocation of a percentage of the profits generated by the sports industry using animals to their protection
Forum of Animal Law Studies, vol 10/1. Such as the right to subsistence, health and dignified retirement, the embryos of an Animal Labor Law based on the central notion of a fundamental right to welfare
Summary
The betting on horse races generates around €10 billion in revenue each year[1]. The participation of non-human athletes in the company's lucrative activity raises important questions, including financial ones, because the animal factor is missing from the equation. In addition to the application of protection standards based on the animal athlete's special vulnerability, and in view of the increased risk of doping, the animal's key contribution calls for a reform of its legal status and the promotion of the reallocation of a percentage of the profits generated by the sports industry using animals to their protection. Animals used for economic purposes in the context of sporting activities would fall within the category of the company's non-human assets and would benefit from the special protection of the legal regime of sportspersons. Rights arising from their participation in a human activity would be recognized,. The aim is to demonstrate animals’ legitimate claim to worker status when a link of subordination unites them to man, including the non-human athlete, and the timeliness to grant legal personhood at least to domestic animals in France, a prerequisite for the exercise of any animal right in their participation in human activities
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