Welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.

Neither Labor Law nor Civil Law has yet drawn the legal consequences of the existence of labor relations that unite animals and man. There are no rules protecting animals at work, while their participation in multiple human activities is unequivocal. The use of horses in sports and tourism generate...

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Autor principal: Marine Lercier
Formato: article
Lenguaje:EN
ES
Publicado: Universitat Autonoma de Barcelona. Facultat de Dret 2019
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Acceso en línea:https://doaj.org/article/cfc1e32132e344f0bd932a23309fbc77
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spelling oai:doaj.org-article:cfc1e32132e344f0bd932a23309fbc772021-11-27T08:43:44ZWelfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.10.5565/rev/da.4042462-7518https://doaj.org/article/cfc1e32132e344f0bd932a23309fbc772019-01-01T00:00:00Zhttps://revistes.uab.cat/da/article/view/404https://doaj.org/toc/2462-7518 Neither Labor Law nor Civil Law has yet drawn the legal consequences of the existence of labor relations that unite animals and man. There are no rules protecting animals at work, while their participation in multiple human activities is unequivocal. The use of horses in sports and tourism generates wealth, while the services they provide save or improve lives. While it is easy to "work with animals", it is true that it is never explicitly recognized that animals "work with people". Why? Because animals are subject to the legal regime of property. The case of an animal as versatile as the horse leads us to believe that after having inspired numerous animal protection laws, his participation in society through work could be the first to be recognized. A service provider, transporter, plow, therapist, athlete... he has many roles and is recruited according to his personal skills and physical, intellectual or emotional abilities that make him unique. The social fact that animal labor represents prompts us to claim the specific protection of animals in this context, in light of the emergence of their fundamental right to welfare and, therefore, not to be mistreated. Being well treated in the workplace should be considered as a right of the working population, not as a specific human right. Likewise, the protection and monitoring of the health of the sportsperson must be an imperative that goes beyond the species to which the athlete belongs. This contribution was presented during the Symposium organized by the ADDCDA (Association des Doctorants et Docteurs du Centre de Droit des Affaires) on 11 October 2018 at the University of Toulouse 1 Capitole, on the theme of Sport and Business Law. It is part of the DER2015-69314-P project financed by MINECO, on the legal status of animals.   Marine LercierUniversitat Autonoma de Barcelona. Facultat de Dretarticlelegal protection of animalsequine welfarehorsesanimal workanimal welfare in sportsequine polyvalenceAnimal cultureSF1-1100Law in general. Comparative and uniform law. JurisprudenceK1-7720ENESDerecho Animal, Vol 10, Iss 1 (2019)
institution DOAJ
collection DOAJ
language EN
ES
topic legal protection of animals
equine welfare
horses
animal work
animal welfare in sports
equine polyvalence
Animal culture
SF1-1100
Law in general. Comparative and uniform law. Jurisprudence
K1-7720
spellingShingle legal protection of animals
equine welfare
horses
animal work
animal welfare in sports
equine polyvalence
Animal culture
SF1-1100
Law in general. Comparative and uniform law. Jurisprudence
K1-7720
Marine Lercier
Welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.
description Neither Labor Law nor Civil Law has yet drawn the legal consequences of the existence of labor relations that unite animals and man. There are no rules protecting animals at work, while their participation in multiple human activities is unequivocal. The use of horses in sports and tourism generates wealth, while the services they provide save or improve lives. While it is easy to "work with animals", it is true that it is never explicitly recognized that animals "work with people". Why? Because animals are subject to the legal regime of property. The case of an animal as versatile as the horse leads us to believe that after having inspired numerous animal protection laws, his participation in society through work could be the first to be recognized. A service provider, transporter, plow, therapist, athlete... he has many roles and is recruited according to his personal skills and physical, intellectual or emotional abilities that make him unique. The social fact that animal labor represents prompts us to claim the specific protection of animals in this context, in light of the emergence of their fundamental right to welfare and, therefore, not to be mistreated. Being well treated in the workplace should be considered as a right of the working population, not as a specific human right. Likewise, the protection and monitoring of the health of the sportsperson must be an imperative that goes beyond the species to which the athlete belongs. This contribution was presented during the Symposium organized by the ADDCDA (Association des Doctorants et Docteurs du Centre de Droit des Affaires) on 11 October 2018 at the University of Toulouse 1 Capitole, on the theme of Sport and Business Law. It is part of the DER2015-69314-P project financed by MINECO, on the legal status of animals.  
format article
author Marine Lercier
author_facet Marine Lercier
author_sort Marine Lercier
title Welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.
title_short Welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.
title_full Welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.
title_fullStr Welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.
title_full_unstemmed Welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.
title_sort welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.
publisher Universitat Autonoma de Barcelona. Facultat de Dret
publishDate 2019
url https://doaj.org/article/cfc1e32132e344f0bd932a23309fbc77
work_keys_str_mv AT marinelercier welfareprotectionoftheanimalathleteinthesportscompanyinlightoftheevolutionofthelegalregimeforanimals
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