Abstract

CRESPO SANTIAGO, Víctor. Nonhuman animals as legal rights holders: the High Court of Uttarakhand judgement in the case Narayan Dutt Bhatt vs. State of Uttarakhand and others. Rev. Bioética y Derecho [online]. 2019, n.46, pp.203-217.  Epub Oct 01, 2019. ISSN 1886-5887.

This article analyses the argumentation and the scope of the High Court of Uttarakhand's rulling that declares all members of the animal kingdom to be rights holders and also establishes positive legal obligations towards stray animals. Due to the fact that the capacity for suffering and enjoying is the only relevant fact to morally consider an entity, we have good reasons to think that we must bestow legal rights to nonhuman animals in order to protect their fundamental interests. Those rights shouldn't be just negative rights, but some of those should entail that certain human beings have, at least in some circunstances, positive obligations towards the other animals.

Keywords : nonhuman animals; legal rights holder; legal personhood; High Court of Uttarakhand; speciesism.

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