RESUMO
To date, welfare protections have failed animals. In this context, many animal advocates and scholars have supported recognition of animal rights. Animal rights theory, however, remains underdeveloped. This article contributes to the development of animal rights theory and, in this respect, proposes the utilisation of sentience and intrinsic worth concepts as a pluralist foundation for prospective animal rights. Sentience and intrinsic worth as a conceptual underpinning for animal rights hold clear benefits in that (i) the concepts are already embedded in many legal systems, (ii) sentience would enable the development of animal rights to be built on the established interest theory of rights, and (iii) sentience directly links to the justification of rights as being primarily concerned with the prevention of pain and suffering.
RESUMO
Animal sentience is recognised either implicitly or explicitly in legislation in all Australian states and territories. In these jurisdictions, animal welfare legislation prohibits acts of cruelty towards animals because animals have the capacity to experience pain or suffering. This acknowledgement is supported by scientific research that demonstrates animal sentience, as well as public opinion. Despite these legal prohibitions, calf-roping, a common event at rodeos, is permitted in the majority of Australian jurisdictions. In recent times, calf-roping has generated significant public concern due to the potential for injury, pain or distress for the calves involved. This concern is evidently shared in some overseas jurisdictions, such as New Zealand, where animal advocacy organisations have filed a legal challenge asserting that rodeo events violate New Zealand's animal welfare legislation due to the pain and distress inflicted on the animals. This commentary discusses these welfare concerns, the legislative inconsistencies between Australian jurisdictions and the problematic legal status of calf-roping in Australia.
