Transcript Patients’ Rights in Europe - Universidade Nova de Lisboa

Helena Pereira de Melo
[email protected]
November 2014
1
What do you see?
2
3
a) A laboratory
rabbit
b) A pet rabbit
c) A meat rabbit
d) A wild rabbit
Or…an
4
Easter bunny
Why? XX Centuries
5
•Regeneration
–
remarkable
fertility
indispensable for
a prey animal
•Their paws are
removed as part
of fertility charms
Animal roles
society:
in
human
6
•Food
•Companion
•Entertainment
(circus, sports)
•Medical experiments
•Clothing
•Symbolic
ANIMAL EXPLOITATION
7
•PAIN
•DISTRESS
•SUFFERING
•CONFINEMENT
•LONELINESS
•TRADE
•LOST OF
HABITATS
ANIMAL LIBERATION
8
a)
b)
c)
Right to
life
Right to
liberty
Respect
of animal
dignity
Philosophy:
9
A.Human
beings
are
superior to nonhuman
animals and occupy a
privileged place in the
moral order
B.All species deserve equal
moral consideration
Anthropocentrism
10
Only human beings
deserve
moral
consideration
2. All
human
beings
deserve equal moral
consideration
3. All nonhuman animals
lack moral standing
4. There is nothing we can
do to them that will
wrong them
1.
Criterion of moral consideration:
11
Thomas Aquinas (1225 –
1274)
2. Immanuel Kant (1724 – 1804)
3. René Descartes (1596 – 1650)
1. St.
12
St. Thomas Aquinas
Divine providence makes
provision for the intellectual
creature for its own sake,
but for other creatures for
the sake of the intellectual
creature”
“
(Differences between Rational
and Other Creatures)
13
Immanuel Kant
•Only
rational moral agents are
“members of the kingdom of
ends” and so animals have no
moral standing
•Animals are not “ends in
themselves” but “means to an
end, and that end is man”
•We have no duties regarding
them
14
Indirect duty to animals
We should be kind to
animals and abstain from
cruelty to them because “he
who is cruel to animals
becomes hard also in his
dealing with men” while
“tender feelings towards
dumb
animals
develop
human feelings towards
mankind”
(Duties in Regard to Animals)
15
Descartes
All non-human animals
are incapable of using
language – they are
mindless machines, mere
automata
devoid
of
thought and reason
(Animals are Machines)
16
Carl Cohen
In order to have rights a
being has to be an
autonomous moral agent
with the capacity to fulfill
reciprocal obligations.
Animals do not have
rights.
(The Animal Rights Debate, 2001)
17
DO THEY HAVE RIGHTS?
18
Do animals really lack
rationality?
19
Voltaire (1694 – 1778)
Answer me, machinist, has
nature arranged all the
means of feeling in this
animal, so that it may not
feel? Has it nerves in order to
be impassible? Do not
suppose
this
impertinent
contradiction in nature”
“
(“A Reply to Descartes”)
20
Charles
1882)
Darwin
(1809
–
“there
is
no
fundamental difference
between man and the
higher animals in their
mental faculties”
There is a continuum of
mental
capacities
among animal species
(“Comparison of the Mental Powers of
Man and the Lower Animals”)
21
Eric Eckholm
The
impressive
linguistic
accomplishments
of
various
gorillas,
chimpanzees,
and
parrots…”
“
(Language Acquisition in Nonhuman
Primates)
22
Science Daily, 2006
The chimpanzee and human
genomes are more than 98%
identical, but there are a few
short DNA sequences that
have changed significantly in
humans since the 2 species
diverged about 5 million years
ago
23
The same moral and legal
status?
24
Human – Animal Studies
25
PYTHAGORAS (570 – 490
BCE)
26
the soul is immortal and
after death it transmigrates
into other animated bodies
• all animated beings are
kindred, and belong to one
great family
•men shall not eat animals
•
Plutarch (65-120 CE)
27
•The
eating of flesh
“makes us spiritually
coarse and gross by
reason of satiety
and surfeit”
•Animals
deserve
moral consideration
because they are
sentient, intelligent
creatures
“justice lies in restraint and harmlessness
towards everything that does not harm”
“since justice consists in not injuring any
thing, it must be extended as far as to
every animated nature”
(On Abstinence from Killing Animals)
28
Jeremy Bentham (1788 –
1832)
“The
relevant
question is not,
Can
they
reason? Nor Can
they talk? But,
Can they suffer”?
(A Utilitarian View)
29
Arthur
Schopenhauer
(1788 – 1860)
•There
is
no
morally
difference
humans and
relevant
between
animals
•“Universal
compassion
for every living thing” is
the only genuine moral
motive
(On the Basis of Morality)
30
J. Howard More (18621916)
31
SPECISM
= RACISM
“The complete denial by human animals of ethical
relations to the rest of the animal world is a
phenomenon not differing either in character or cause
from the denial of ethical relations by a tribe, people
or race of human beings to the rest of the human
world… The human being who extends his moral
sentiments to all the members of his own species, but
denies to all other species the justice he accords to
his own, is making the same ethical mess of it as the
savage”
(Universal Kinship)
32
ANIMAL LIBERATION
PETER
SINGER
TOM REGAN
33
PETER SINGER (1946)
All animals are equal = all
animals deserve to have
their interests considered
equally with the interests of
other animals, regardless
of their race, gender or
species
(“Animal Liberation”, 2002)
34
Which
animals
“equal”?
are
35
Only sentient beings are worthy of
moral consideration
36
Utilitarianism requires that:
We give equal consideration to
the interests of all beings
2. We act in ways that maximize
the satisfaction of interests of
all affected by our conduct
1.
37
Interest in avoiding pain?
Rabbits do
not have
tear ducts
and cannot
flush out
substances
that are put
in their eyes
38
Whose interests should
prevail?
39
Giving animals equal
consideration
requires
that
we
give
their
pleasures and pain equal
weight
with
humans
pleasures and pains when
carrying out utilitarian
considerations”
“
40
Since eating plant-based
foods can satisfy our
interest
in
nutritious
meals without requiring
animals to suffer in
factory
farms,
utilitarianism requires us
to eat plants instead of
animals”
“
41
TOM REGAN (1938)
Non-human animals “who
have
an
individual
experimental
welfare”
may have moral rights
(Animal
Human
1989)
Rights
and
Obligations,
42
NEGATIVE MORAL RIGHTS



Source: fundamental moral values
Rights to non-interference
Right not to be killed, not to be tortured,
to bodily integrity
43
Rejects the utility-maximization
principle because it sanctions
sacrificing individuals for the
greater good
44
The
best
action is the
action
that
results in the
best
consequences
for all affected
45
46
“Aunt Bea has inherent value,
i.e., value in herself, which is
independent of her usefulness
to us. Even if killing Aunt Bea
and using her wealth to build a
children’s
hospital
would
maximize utility, it would be
wrong to kill her, because it
would fail to respect her
inherent right as an individual.”
47
Many
animals
are
also
experiencing subjects of a life,
have inherent value and moral
rights in the same sense and with
the same strength that humans do.
All who have inherent value have
it equally, regardless of their sex,
race, religion, species, intellectual
capacity, sexual preference…
(Defending Animal Rights, 2001)
Peter Singer and Tom Regan
A
new
liberation
movement is needed
to combat speciesism
–
this
arbitrary
prejudice in favor of our
kind and the forms of
animal exploitation that
flow from it.
48
Do animals have legal
rights?
Which animals
deserve legal
consideration?
How
much
legal
consideration
do
they
deserve?
49
Universal
Declaration
of
Animal Rights (1989- 1990)
50
All animals have equal rights to
exist within the context of
biological equilibrium. This
equality of rights does not
overshadow the diversity of
species and of individuals.”
“
(art. 1)
Animals have the right to:
51
1. Life
(crime against life)
2. Not to be subjected to bad
treatments or cruel acts
3. To live and to reproduce in
freedom (wild animals)
4. To proper sustenance and
care (pets)
Amsterdam Treaty amending
Treaty on European Union (1997)
the
52
Protocol
on
Protection
and
Welfare of
Animals
THE HIGH CONTRACTING PARTIES
53
DESIRING to ensure improved protection and respect
for the welfare of animals as sentient beings,
HAVE AGREED UPON the following provision,
In formulating and implementing the Community's
agriculture, transport, internal market and research
policies, the Community and the Member States shall
pay full regard to the welfare requirements of
animals, while respecting the legislative or
administrative provisions and customs of the Member
States relating in particular to religious rites, cultural
traditions and regional heritage.
54
There are 1000
bullfighting
events in Spain
each year, in
which
5000
bulls die.
Harmonized EU framework:
55
1. Intra-community
trade
2. Imports
3. Animal disease
control
4. Animal nutrition
5. Animal welfare
Council of Europe
56
1.
2.
3.
4.
5.
European Convention for the Protection of
Animals Kept for Farming Purposes (1976)
European Convention for the Protection of
Animals for Slaughter (1979)
Convention on the Conservation of
European Wildlife and Natural Habitats
(1979)
European Convention for the Protection of
Vertebrate Animals Used for Experimental
and Other Scientific Purposes (1986)
European Convention for the Protection of
Pet Animals (1987)
Ex.
57
“1 Nobody shall cause
a
pet
animal
unnecessary
pain,
suffering or distress.
2.
Nobody
shall
abandon a pet animal.”
(art. 3)
Article 528
58
Sont meubles par leur
nature les animaux et les
corps qui peuvent se
transporter d'un lieu à un
autre, soit qu'ils se
meuvent par eux-mêmes,
soit qu'ils ne puissent
changer de place que par
l'effet
d'une
force
étrangère.
Portuguese Civil Code - Article
1046
59
Tratando-se de aluguer
de animais,
as
despesas
de
alimentação
destes
correm sempre, na falta
de
estipulação
em
contrário, por conta do
locatário.”
“
Maneka Gandhi (1956)
60
“It is only when nations
recognize animals and
provide them certain
constitutional
guarantees that we can
expect
a
more
enlightened
and
equitable
code
of
conduct towards other
living beings.”