Do Animals Have Rights? An attorney's definition
I recently ran across this question and I found the response to be fairly straightforward when addressing whether or not animals have the same rights we enjoy as humans.
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Q. Do animals have rights similar to those which people have?
A. I''m Gloria Rowland Homolak, a lawyer in Cleveland, Ohio. I will be the panelist addressing your Animal Law questions. Anyone who is a devoted pet owner knows full well that their pet enjoys a whole range of household perks and privileges. Having just returned from being the week-long unofficial mascot for a group of 28 boys who lavished our family''s Sheltie with endless affection, walks and play, our dog Molly could certainly testify to a number of those perks.
When focusing on the legal arena, however, animals do not have the whole range of rights which people enjoy. In most jurisdictions, animals are considered the personal property of their owner. If, for example, a family pet were injured or even killed, generally its owner would have little or no recourse except for, perhaps, recovery of the fair market value of their "property". The fair market value of this type of "property" would generally not take into account such factors as having been a devoted pet, a pet who was great with children or a pet which was a long-time member of the family.
On the other hand, animals do have certain basic protections such as the "right" to be free from cruel and inhumane treatment. Most jurisdictions have laws which deal with the prevention of cruelty to animals. In addition, there are a number of federal and state laws designed to protect animals. I'm sure most people are familiar with the Endangered Species Act. It is just one example of legislation geared to protect animals. Although animals do not have "rights" similar to those which people have, there are laws and organizations designed to protect them.
________________________________
Q. Do animals have rights similar to those which people have?
A. I''m Gloria Rowland Homolak, a lawyer in Cleveland, Ohio. I will be the panelist addressing your Animal Law questions. Anyone who is a devoted pet owner knows full well that their pet enjoys a whole range of household perks and privileges. Having just returned from being the week-long unofficial mascot for a group of 28 boys who lavished our family''s Sheltie with endless affection, walks and play, our dog Molly could certainly testify to a number of those perks.
When focusing on the legal arena, however, animals do not have the whole range of rights which people enjoy. In most jurisdictions, animals are considered the personal property of their owner. If, for example, a family pet were injured or even killed, generally its owner would have little or no recourse except for, perhaps, recovery of the fair market value of their "property". The fair market value of this type of "property" would generally not take into account such factors as having been a devoted pet, a pet who was great with children or a pet which was a long-time member of the family.
On the other hand, animals do have certain basic protections such as the "right" to be free from cruel and inhumane treatment. Most jurisdictions have laws which deal with the prevention of cruelty to animals. In addition, there are a number of federal and state laws designed to protect animals. I'm sure most people are familiar with the Endangered Species Act. It is just one example of legislation geared to protect animals. Although animals do not have "rights" similar to those which people have, there are laws and organizations designed to protect them.
Replies to This Discussion
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Permalink Reply by the donald on -
i agree
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Permalink Reply by Belles on -
And I totally understand what you're saying. But, I cannot justify emptying my bank account to save any of my dogs if it means I've lost my life and means to survive. If I do that, then what do I do next? I can't live with the dogs out on the street. I owe them more than that. I gave them my word when I took each of them that I would give them the best life I could, so unlike others, I have a budget from which I can use to care for mine and donate to animal causes. Everyone, and I don't care who you are, has a limit to what they can and are willing to give up to save animals. It may be different for you than for me...
I can't take anymore dogs than I have now.. I have limits on both space, time and budget. That's practical and that's my reality. There are those that want to say I am less of an animal lover, but I ask.. what kind of life are you giving to animals when you don't know where the next meal is going to come from.. for either of you?
I refuse to be measured any less of an animal lover because I view the world a bit more practically than others. I care the way I see best and to make the leap that somehow, because I am practical, I care any less for them than someone else is stupid and an extremely ignorant viewpoint.
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Permalink Reply by Belles on
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Yeah, I would have done the same damned thing.. back in the days when there was more money!! Can't do that now.. we just have a completely different outlook on the future, budgets.. what if's.
I just wonder, if Bear came to your back fence today.. what could you do for him? I shudder to think.. all I know is it was fate that he came to you when he did. It was meant to be, Gunz.
Well, just quickly, let me address the senior guy stuff. With Aki being 15, we already decided that no matter what.. we would not do anything to prolong her life. It just seemed selfish to consider that. So what will be will be with her. You are like us, many years of healthy pets.. so you save a bit in an account for emergencies. And if you have to spend $800 like we did not long ago.. you have it. All in all it's been a bargain.
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Permalink Reply by Regina Dickerson on -
I have to agree with ASPCA!!!
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