حیوانات به مثابه طرف بالقوه حق، درپرتو رویکرد طبیعت محوری حقوق، مطالعه نظام های حقوقی ایران و فرانسه

Introduction
In the face of increasing environmental and ethical crises, human societies are forced to reconsider their 
relationship with nature, animals, and the environment. This shift in perspective has led to the emergence 
of various legal and philosophical approaches to animal and environmental rights. One of the most 
prominent of these is ecocentrism, which challenges the traditional anthropocentric (human-centered) 
worldview. Unlike anthropocentrism, which values nature and animals only in terms of their utility to 
human beings, ecocentrism ascribes intrinsic value to the natural world, independent of human interests. 
This ideological transformation, which gained momentum in the 1970s under the influence of postmodern 
theories, has shaped the discourse in both philosophical and legal realms. Philosophers such as Peter Singer, 
Tom Regan, and Gary Francione have played crucial roles in critiquing human-centered legal and moral 
systems while advocating for the rights of animals.At the heart of this transformation is the recognition of 
animals as beings deserving of moral and legal consideration. This research investigates the evolution of 
legal frameworks and philosophical perspectives on animal and environmental rights in two countries—
“France” and “Iran”. These countries, despite being geographically and culturally distinct, both face critical 
challenges in incorporating the rights of animals and environmental protections into their legal systems. 
This paper explores the steps taken in these two countries towards nature-centered legal frameworks and 
provides a comparative analysis, highlighting both the progress made and the obstacles that remain. The 
primary goal of this research is to conduct a comparative analysis of the philosophical and legal 
developments surrounding animal and environmental rights in France and Iran. The paper aims to achieve 
How to Cite: Fazaeli, Mostafa, Mashhadi, Ali, Abtahi, Sharareh, "Animals as Potential Parties to Rights: 
An Examination of the Legal Systems of Iran and France from an Eco Centric Perspective", Legal Research, 
Vol. 29, No. 113, 2026, pp: 1-22.
DOI: https://doi.org/10.48308/jlr.2025.232740.2562 Received: 13/08/2023-Accepted: 08/01/2025 
1. Professor of Law, Faculty of Law, University of Qom, Qom, Iran
2. Associate Professor, Faculty of Law, University of Qom, Qom, Iran
3. PhD, Faculty of Law, University of Qom, Qom, Iran
 Corresponding Author Email: shararehabtahi@yahoo.com
Copyright: Ⓒ 2025 by the authors. Submitted for possible open access publication under the terms and conditions 
of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
حیوانات بهمثابه طرف بالقوه حق، در پرتو رویکرد طبیعتمحوری حقوق... فضایلی و همکاران 
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the following objectives: 1. To explore the historical development of animal rights and environmental 
protection laws in both countries, emphasizing the shift from anthropocentrism to ecocentrism. 2. To 
analyze the influence of philosophical theories, particularly those of Peter Singer, Tom Regan, and others, 
on the evolution of animal rights discourse. 3. To assess the progress made in recognizing animals as 
subjects of rights, particularly the legal personhood of animals and nature. 4. To examine the challenges 
faced by Iran in adopting laws for the protection of animals and the environment, especially considering its 
traditional legal system and cultural attitudes toward nature. 5. To identify global trends in animal and 
environmental rights and assess their impact on national legal systems, with a focus on countries like 
France, which have pioneered the integration of animal welfare into their constitutional and legal 
frameworks. This research also aims to provide insights into how shifting philosophical paradigms, such as 
posthumanism, have influenced the development of laws that recognize the rights of animals and nature. 
The paper further explores the implications of these legal reforms for environmental justice and ecological 
sustainability.
Methods
This research is primarily conducted using a”comparative” and “documentary analysis” approach. The 
study compares the animal rights and environmental protection laws in France and Iran by analyzing a 
wide range of legal texts, academic publications, and case studies. The research also investigates the 
philosophical foundations that underpin the legal frameworks in both countries. In France, the legal 
system has gradually incorporated the welfare of animals and the protection of nature into its 
constitutional and legislative frameworks, particularly with significant developments in the 20th and 21st 
centuries. In contrast, Iran's legal system has struggled to adopt similar reforms, largely due to its 
anthropocentric tradition and limited public discourse on animal rights. Philosophically, the paper 
examines the works of key thinkers in the field of animal ethics, including”Peter Singer”, who argues 
for the moral equality of humans and animals, and “Tom Regan”, who posits that animals have inherent 
value and are entitled to certain rights. The study also explores “Gary Francione's” arguments against 
animal exploitation and his call for the abolition of practices that treat animals as commodities. 
Furthermore, the research highlights the contributions of philosophers like “Aldo Leopold” and “J. Baird 
Callicott”, who have emphasized the intrinsic value of nature in the context of ecocentric ethics. The 
research also examines legal reforms in Europe, particularly the “European Union”'s efforts to integrate 
animal rights and environmental protections into its policies, and compares these developments with the 
legal landscape in Iran and France.
Results and Discussions
The findings of this research indicate significant progress in both”France” and”the European Union” 
regarding the recognition of animal rights and the protection of nature. France, for example, has enacted 
various laws to protect animals, but animals are still largely treated as "objects" under the law, rather than 
legal "subjects." Although France introduced some legal reforms starting from the “Grammont Law of 
1850” and further advanced in 1976 with the recognition of animals as sentient beings, much remains to be 
done in terms of granting legal personhood to animals. In 2004, the”Charter for the Environment” was 
adopted in France, marking an important step toward integrating environmental protections into the French 
Constitution. However, the legal status of animals remains insufficient, and the legal system still views 
them primarily as property rather than beings with legal standing or rights. In “Iran”, the situation is more 
challenging. While the “Constitution of Iran” includes certain environmental principles, there is limited 
legal protection for animals, and they are generally regarded as “movable property”. This reflects a broader 
cultural attitude that views nature and animals as resources to be exploited rather than as entities deserving 
of intrinsic value. Despite some recent advancements, such as the introduction of “green victims” and 
criminalizing environmental damage, there is a lack of cohesive and comprehensive legal frameworks for 
animal protection. Internationally, the “European Union” has been at the forefront of integrating animal 
welfare into its legal structure. The”Treaty of Lisbon” (2009), specifically “Article 13”, recognizes animals 
as sentient beings and mandates that their welfare be considered in the formulation of policies. The “EU's 
Farm to Fork Strategy” aims to reduce the environmental impact of food production and supports animal 
welfare as part of its broader sustainable development goals. These legal advancements have influenced 
global trends and have been cited by animal rights activists and legal scholars in advocating for broader 
recognition of animal rights and ecological justice. Furthermore, legal personhood for nature is gaining 
traction in some jurisdictions. For example, “Ecuador's 2008 Constitution” recognizes nature 
(“Pachamama”) as a subject of rights, and”New Zealand” has granted legal personhood to the “Whanganui 
River”. Such legal innovations challenge traditional anthropocentric frameworks and open new possibilities 
for the recognition of nature as a rights-holder.
فصلنامه تحقیقات حقوقی دوره29 ،شماره1 ،بهار 1405
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Conclusion
This research concludes that both “France” and “Iran” must shift from anthropocentric to ecocentric legal 
frameworks. While France has made some progress in integrating animal rights into its legal system, 
animals are still treated as property under the law. Iran, on the other hand, faces more significant challenges 
due to its traditional legal system and limited recognition of animal rights. The adoption of ecocentric 
principles in legal systems, including the recognition of animals and nature as subjects of rights, is crucial 
for achieving environmental sustainability and ecological justice. The global movement toward recognizing 
the intrinsic value of nature and animals, as seen in legal reforms in the “European Union”, “Ecuador”, and 
“New Zealand”, provides a hopeful precedent for other nations. By recognizing the rights of animals and 
nature, societies can ensure a more just, sustainable, and harmonious relationship between humans and the 
environment. This paradigm shift is not only a moral imperative but also a necessary step for achieving 
long-term ecological balance and justice for all living beings