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Universally adopted by the World Organisation for Animal Health (OIE), these are the benchmark for welfare:
In contrast, Tom Regan (1983) rejects utilitarianism’s aggregative calculus, arguing that individual animals—specifically mammals of at least one year of age—are “subjects-of-a-life.” This means they have beliefs, desires, memory, a sense of the future, and an experiential welfare. Consequently, they possess inherent value that is not reducible to their utility to others. From this inherent value, Regan derives inviolable rights, including the right not to be harmed, killed, or treated as a resource. The rights model is abolitionist: it condemns not just cruel practices but the very institution of animal ownership, use, and commodification.
Perhaps the most groundbreaking frontier in animal rights is the legal one. Traditionally, animals have been classified as "things" under the law—property without rights. The Nonhuman Rights Project (NhRP), founded by attorney Steven Wise, has spent years fighting to change this classification. Universally adopted by the World Organisation for Animal
Their strategy involves filing writs of habeas corpus—the ancient legal safeguard against unlawful detention—on behalf of nonhuman animals. They have argued that autonomous beings like chimpanzees and elephants possess the cognitive complexity to warrant a right to bodily liberty.
The fight has seen historic victories. In Argentina, a chimpanzee named Cecilia became the first nonhuman animal to be released from a zoo based on a writ of habeas corpus, with the judge ruling she was a "non-human subject of law." In the United States, a New York court recognized two chimpanzees, Hercules and Leo, as "legal persons" for the purpose of the lawsuit, a small but semantic earthquake in the legal world. The rights model is abolitionist: it condemns not
The definition of "person" is slowly expanding. It is no longer strictly synonymous with "human." It is becoming a container for rights that may soon hold elephants, great apes, and perhaps eventually, cetaceans.
The tension between the two models is most evident in three key domains: The Nonhuman Rights Project (NhRP), founded by attorney
Animal welfare is not a modern invention. Its roots stretch back to the 19th century. In 1822, British politician Richard Martin passed the "Cruel Treatment of Cattle Act," aimed at preventing the "improper treatment" of horses, cows, and sheep. It was a modest start, but it established a revolutionary idea: Animals are not property to be used with absolute impunity. They deserve protection from unnecessary suffering.
The welfare position rests on a pragmatic, anthropocentric (human-centered) philosophy. It accepts the premise that humans have the right to use animals for food, clothing, research, and entertainment. The goal of the welfare movement is not to abolish these uses, but to humanize them.
In practice, few societies have embraced pure rights. The closest we have come is the legal protection of Great Apes (chimpanzees, gorillas, orangutans) in countries like New Zealand and Spain, where they are recognized as "non-human persons" with a right to life and liberty.
Most rights-aligned activists focus on veganism. If animals have a right not to be killed, the only logical conclusion is to refuse to eat their flesh, milk, or eggs. This is where the friction with the welfare movement becomes acute.
