[Three questions concerning the legal situation of animals] [Article in German]

Abstract

The three central issues in the present discussion about animal protection are a) the de-reification of animals, b) the demand for special animal rights, and c) the conflict between the animal-interests and certain human rights. In some countries it is already written into law that animals are no things. But there, the interpretation of such law is finally shifted over to an individual judge who has to decide in each case according to civil law if such a "legal object" is an animal.
In the case where animals are supposed to have their own rights frequently the misunderstanding asks that thereby they are being "personified", i.e. that they are supported to attain the status of a legal subject. However, animals need no personification. The issue here is to provide them with a status of material legality.
On several levels, basic human rights collide with the interests of animals, namely in the freedom of research and teaching, in the freedom of practice religion and art, in the right of personal expression and within property laws. Most of the human rights conflicting with the demands of animal protection are not absolute in character, which means that they are to be restricted by law, even the basic constitutional law can be altered. The assessment remains in how far the democratic societies of Europe are prepared to make restrictions within such fundamental laws. Only to this extent can restrictive measures with respect to animal treatment not be valued as a violation of human rights.