Animals as sentient beings within the framework of the principle alterum non laedere: some interpretative criteria

Abstract

The transition from the anthropocentric paradigm to the biocentric paradigm has as one of its main consequences the recognition of animals as sentient beings. From this perspective, this article proposes that it is possible to apply the criterion of alterum non laedere, i.e. the principle that no harm should be done to another, to the rights of animals, especially by recognising their right to life, and to live a life free from unnecessary suffering. The importance of this lies in the fact that traditionally the principle of alterum non laedere has been applied to the rights of other people, but its application to other sentient beings is only beginning to be glimpsed. Since the principle is also open-ended, the article proposes three interpretative criteria with regard to animal rights: (a) the possibility of pain, (b) the social adequacy of behaviour, (c) the protection of natural resources and (d) the prevalence of judicial activity in the extension of the regulatory framework for animal rights.