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

Abstract
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 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.
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.