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Beyond Pets: Recognizing Animals as Beings With Rights

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In the process of writing my book on pet-related conversations in clinical settings, I've been researching and reflecting on some court decisions involving animals, particularly pets. There are several rulings that, in different ways, can shape how people perceive and give meaning to the emotional connections they share with their companions. Such perceptions frequently emerge in the experiences described by clients in clinical contexts, and they often reveal how much the role of animals has evolved.

Three cases highlight the evolving role of companion animals in modern societies.

In Brazil, a dog was recently recognized by the court as having the right to be compensated not only for mistreatment but also for moral damages. His name is Tokinho, and he was brutally attacked by his former owner in 2023. In this case, not his guardian, but Tokinho, had the right to be compensated for moral damages. This decision in favour of Tokinho represents a historic milestone and sets an important precedent. It is important to emphasize that for an individual to be considered a subject of rights, it is necessary to recognize that they have their own interests that deserve protection.

This is not an isolated case. In New York, a court acknowledged the dog Duke as a family member, instead of mere property. Duke was a four-year-old dachshund who was killed in a car accident while walking with his guardian. This recognition is relevant because it allowed his family to pursue compensation for moral damages. In India, a court went even further, declaring that all animals are subjects of law, with humans serving as their legal guardians.

These recent decisions signal important advances in the recognition of animals as sentient beings whose interests and rights must be respected.

For some people, the idea that animals have feelings and interests of their own that deserve protection may seem hard to picture. However, while some doubt that animals have such complex abilities, a growing number of studies demonstrate that animals not only have interests but are also capable of acting intentionally and having preferences.

Several studies highlight that animals are sentient beings. Sentience is the ability to have subjective experiences such as pain or pleasure.........

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