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Transformative Animal Protection
Sue Donaldson and Will Kymlicka
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7.1 Introduction
The goal of this chapter is to address an important challenge
confronting animal protection organizations (APOs): their immediate mandate is to rescue and protect individual animals, but
can they also contribute to long-term structural transformation of
human-animal relations? APOs like the Society for the Prevention
of Cruelty to Animals (SPCA) operate in profoundly challenging
and unjust circumstances—a world in which the killing and exploitation of animals on a massive scale is routine, sanctioned by law,
and woven into the very fabric of modern capitalist societies and
economies. APOs struggle valiantly to create a space that can provide basic care and protection for some of the animals trapped in
this animal-industrial complex1 and promote policy changes aimed
at blunting the violence. But the prospect of justice in human–
animal relations is remote; APO staff are continuously confronted
with tragic choices and a disheartening sense of being caught up
in scenarios of unending crisis and band-aid solutions rather than
contributing to a longer-term project of meaningful change for
animals.
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Indeed, APO staff may feel not only powerless to change these
larger structures, but also at risk of becoming morally implicated
in the very practices they hope to change. Whereas activist animal
rights groups can take an uncompromising stand not to collaborate
with unjust practices or institutions, APOs can rarely afford that
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Sue Donaldson and Will Kymlicka, Transformative Animal Protection In: The Ethics of Animal Shelters.
Edited by: Valéry Giroux, Angie Pepper and Kristin Voigt, Oxford University Press. © Oxford University Press 2023.
DOI: 10.1093/oso/9780197678633.003.0009
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luxury. To fulfil their mandate, APOs may need to work collaboratively with law enforcement officers to enforce animal cruelty laws
even if they view those laws as deeply inadequate and unjust.2 APOs
may also be expected to work with government officials and animal
industries in reviewing public policies even if they view these policy
reviews as likely to rubberstamp unjust policies.3 They are also
heavily dependent on donations from the general public and may
worry that taking a strong public stand against animal agriculture,
say, or animal experimentation, is likely to alienate key members of
their donor community or damage their reputation with the general
public. For all these reasons, APOs often feel they need to moderate their animal rights commitments (or indeed to avoid the language of animal rights entirely), sticking to “safe” campaigns around
(noninstitutionalized) animal cruelty and neglect.
Given these constraints, the prospects for APOs to play a transformative role seem dim. Perhaps we should simply recognize that
different types of organizations play a different role in the moral division of labor. Whereas radical animal rights activists can advance
a transformative agenda, the institutional constraints on APOs may
require them to downplay transformative commitments.
Our own view is more optimistic. We believe that most APOs can
be part of (or contribute to) a transformative movement, changing
the very terms on which human–animal relations are defined and
not just patching up cracks in the status-quo that facilitate its ongoing functioning. Indeed, we believe that creating this sense of
transformative possibility is important for maintaining staff and volunteer morale.4 APOs may inevitably be drawn into morally compromising relations with law enforcement, government regulators,
animal industries, and donors but, if so, that is all the more reason
to find spaces and places where staff and volunteers can act in an uncompromising way in pursuit of interspecies justice.
While institutional constraints may preclude APOs from taking
an uncompromising public stand on animal rights,5 we believe there
is scope for APOs to be more transformative in their own internal
practices and ethos and through grassroots partnerships. One way
to promote transformative change is to engage in “prefigurative”
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change:6 even within the current circumstances of profound injustice, one can try to carve out moments or spaces for treating animals the way they should be treated in a (more) just society and
establishing the kinds of relationships with animals that would characterize a (more) just society. We move toward this better society by
prefiguring it in the present.
There are different visions of what a better society for animals
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would look like, and this pluralism is undoubtedly reflected among
APO workers and across different organizations. Our own view is
that justice involves recognizing animals, not just as sentient beings
who have rights not to be harmed, but also as agents who have
their own lives to lead. In the case of many domesticated animals
and others unable to lead lives independent of humans, it means
recognizing them as equal members of a shared society who have the
right to shape society and their relationships with us. A transformative model of animal protection, then, would attempt to prefigure, at
a micro-level, a society in which these animals are seen as embodied
agents and as full members of a shared society with humans.
Commentators have discussed three broad reasons why prefigurC7P7
ative politics within a particular site or organization can contribute
to transformative change throughout society as a whole. First, we
need “laboratories of experience” to help us learn what futures are
possible. In relation to animals, we have never asked as a society how
animals want to live with us or made any attempt to explore the full
range of possible modes of co-existence with them. There is a huge
epistemic gap here that prefigurative politics can help overcome.
Second, prefigurative politics is capacity-building. In a world where
so many of our skills, habits, identities, values, and norms are tied
to human supremacism, prefigurative politics enables us to develop
new capacities for engaging in interspecies justice. Third, prefigurative politics has demonstration effects, sometimes due to pro-active
attempts to diffuse the experience to a wider audience, but also
simply from the way that the mere presence of such experiments in
society serves to put inherited practices into question. For these and
other reasons, many social movements have come to believe that,
in addition to engaging in oppositional tactics to contest existing
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injustices in the larger society, one must also engage in constructive
efforts at the micro-level to prefigure justice (Yates 2015).
In previous work, we have explored the prospects for transformative strategies in sanctuary communities for animals rescued
from animal agriculture (Donaldson and Kymlicka 2015; Blattner
et al. 2020). Not all farmed animal sanctuaries have a transformative
agenda: some simply seek to provide decent care to these animals so
that they can live out their lives in peace and comfort. (We can call
this the “safe refuge” model of sanctuary.) But other sanctuaries have
a more prefigurative political agenda of the sort we advocate: they
view their sanctuaries as sites for humans and animals together to
explore the sorts of new relationships that might emerge in a better
society. These sanctuaries relate to the animal residents not just as
vulnerable individuals who need protection and provision, but also
as agents and members working together to create new relationships
(which may or may not include humans).7 We have argued that
prefigurative animal sanctuaries—and other forms of “intentional
communities,” “enclaves,” or “counterpublics”—can play an important role in the wider struggle for animal rights.
Can we imagine a transformative model for APOs more generally? As noted, one possible challenge concerns disagreement about
what constitutes transformational change. What, exactly, is the goal
being prefigured? This chapter offers a fairly radical vision of transformation, with a correspondingly challenging conception of the
steps required to move toward it. Some (perhaps many) APOs and
their staff will not share this vision, but we believe that the general
strategy of prefigurement can apply even if the substantive guiding
vision of justice differs and that some of the specific analyses and
suggestions might be helpful in a broad range of cases.
This connects to a further challenge: it is not obvious that organizations like the SPCA would even exist in a radically transformed
world that takes interspecies justice seriously. Perhaps the idea of an
organization devoted to animal “shelter” and “rescue” only makes
sense in a society that treats animals as exploitable property. If so,
then perhaps the very terms of the organization and the nature of
its mandate preclude it taking on a more prefigurative as opposed
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to band-aid role. And maybe some APOs’ ability to function is
premised on maintaining a very modest set of goals of limiting
damage within the contours of the existing system, a goal around
which staff can rally even if they hold widely divergent ideas of just
human–animal relations.
Our view is that even in a much better world there will continue
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to be a need for animal protection organizations and that prefiguring
their role in a more just future is a worthwhile transformative project. This chapter begins by imagining how APOs might operate in
such a transformed world. We then turn to the question of how this
vision can inform their current operations.
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7.2 Imagining APOs in a Better World
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As noted, some people might believe that APOs would not be needed
in a just society. For example, extinctionist views of human–animal
relations are premised on the idea that domesticated animals would
no longer exist in a just society and that humans would largely avoid
intervening in the lives of all animals and exercising power over
them. This view is most notably captured in Francione’s claim that
the only right animals need is the right not to be property (Francione
2004). We have challenged this view on moral, prudential, and empirical grounds (Donaldson and Kymlicka 2011: chap 4). Humans
don’t have the right to unilaterally bring about the demise of domesticated animals or expel them from society. Animals have the right
to make their own decisions about how they will live, including the
extent and nature of their involvement with humans, and, for some
animals, living in multispecies communities with humans may be
a desirable way to live. Moreover, the idea that humans can seal
themselves off from animals, leaving them to get on with their lives
without human impact, is untenable in a world in which countless animals gravitate to humans and (ever-expanding) human
settlements. Of course there are also many wild animals living in
the wilderness who do not gravitate to human settlement, and for
them, an approach that creates boundaries and limits on human
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activity and impacts is essential. But for countless domesticated animals (and for “liminal” urban wildlife animals), sharing space and
possibly community with humans is inevitable.8 The asymmetrical
power of humans and the inevitability of human impacts can’t be
imagined out of existence, and so our goal should be to make the exercise of human power more accountable.
Once we recognize the inevitability of geographic, ecological, and/
or social entanglement with animals, it becomes clear that APOs will
continue to have a place even under more just circumstances. On
the one hand, we can imagine that many current (and indeed expanded) functions of APOs would be incorporated into government
and legal institutions—similar to child welfare, health, education,
and advocacy—and be properly resourced through public funding.
Human–animal relations would be the focus of core public policy
development and implementation by democratic governments, not
relegated to the periphery of ad-hoc nongovernmental organization (NGO) and volunteer efforts. But even the best public policy
is beset by gaps, changing circumstances, and unpredictable events,
so a continued role for emergency rescue and attention to emergent
issues will persist. Even in a much better world animals will always
be vulnerable in their relations with humans, and our relations with
them will need to be subject to heightened scrutiny just as for other
vulnerable groups within society. APOs, whether inside or outside government, will have a crucial ongoing role in advocacy and
monitoring, enforcement, public education, and response to change.
And there will be an ongoing requirement for expert crisis care at
individual and societal levels (e.g., protection for stray, abandoned,
mistreated animals; provision of emergency response to natural
disasters, conflict, and social breakdown).9
In other words, even in a world dramatically improved in terms of
human–animal justice, APOs will continue to exist and play a crucial role. The goal of this chapter is to show that anticipating this future role can help us to prefigure it in the current structure, policies,
and relations of APOs, thereby contributing to transformation.
Moreover, it may help make the work of APO staff and volunteers
more tolerable and rewarding and less subject to burnout. Enabling
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them to feel part of a project that goes beyond crisis management
and unavoidable compromise with the animal-industrial complex
can contribute to a sense of control and provide a welcome opportunity to contribute to and witness animal flourishing, thereby
relieving some of the terrible pressure that comes from bearing responsibility for continuous life-and-death decisions in a seemingly
unending cycle of animal suffering.10
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7.2.1 Crisis Care versus Permanent
Residency: Different Representation
for Different Circumstances
An important distinction in the kinds of relationship APOs have
with the animals they serve is between episodic/crisis care on the
one hand and permanent home/sanctuary on the other. Some APOs
provide crisis care (rescue, shelter, acute or preventative medical
care, food provision) on a temporary or intermittent basis before releasing animals to their “home” (whether that home is in the wild,
on the streets, or a new home arranged through adoption by human
individuals and organizations). Other APOs themselves provide
permanent homes or sanctuary to animals whether as part of the
APO workplace or in dedicated sanctuaries for formerly farmed animals or rescued/rehabbed wild animals who cannot be released to
the wild. And many APOs are in the business of providing both intermittent/crisis care for some animals and longer-term sanctuary
for others.
We believe that this is a crucial distinction since the forms of
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power exercised over animals in these situations call for different
kinds of accountability. While it is important for animals’ agency
to be enabled and for their interests to be well represented in both
episodic settings and long-term community, the forms of enablement and representation will be different. For starters, the kinds of
decisions made about animals’ interests in a crisis care setting are
more likely to be justifiably paternalistic because animals often require acute care (from injury, abuse, neglect) or other medical
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interventions (vaccines, etc.) that animals are not in a position to
consent to in a fully informed way. This doesn’t mean that animals
should not be consulted in these decisions, but rather that their
preferences are less likely to be decisive (Blattner 2020; Healey and
Pepper 2021). Many of the decisions made in animals’ permanent
homes, neighborhoods, and workplaces, on the other hand, are
ones that they can and ought to be able to make their own choices
about and shape over time. The stable context and reiterative nature
of decision-making make it possible for animals to learn about the
options open to them and create new options, learn how to make
decisions, and exercise greater control over their environment and
relationships (Franks 2019; Côté-Boudreau 2019).
A second distinction between crisis and long-term settings is
that the power held by humans over animals in crisis care settings,
while affecting crucial interests, is nevertheless of temporary duration. Animals may not have as much power over decision-making
in this setting, but this is a short-term suppression of their freedom,
not a permanent condition of subordination. The goal of paternalistic crisis interventions is to return animals to settings in which they
exercise greater autonomy. In long-term settings, on the other hand,
failure to respect animals’ participation and self-determination
rights is far more problematic because it denies them the exercise of
forms of autonomy possible for them and limits their opportunities
to contest power and shape mutual relations that govern their
daily lives.
The work of most APOs falls more toward the crisis/intermittent
care end of the spectrum.11 Care for stray and abandoned animals
put up for adoption, treatment, and release of injured liminal/wild
animals, trap-neuter-release (TNR) programs, and veterinary clinics
for financially strapped families are examples of episodic/crisis care.
However, many APOs also provide shelter for animals who are
unadoptable or un-releasable (including seized exotic “pets” and
farmed animals, injured liminal animals who can’t fend for themselves, dogs with behavioral issues precluding adoption, and so on).
All too often, these animals end up being killed because many APOs
have no capacity or mandate to provide a permanent home for such
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animals. Increasingly, however, some APOs are exploring ways to
provide permanent care for those animals who need it, either within
their own organization or in partnership with other institutions and
organizations.
We expect this trend to continue, as many APO staff and
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volunteers question long-standing practices of killing so-called
unadoptable animals and push for a more “no-kill” ethos. However,
this trend toward having animals under permanent care raises distinctive challenges. These animals don’t just require different kinds
of care while under APO responsibility, but also need different kinds
of political participation and representation, or so we will argue.
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7.2.2 Animals Who Are under Permanent Care
with APOs
Regarding animals in the second category (i.e., those for whom an
APO is providing permanent sanctuary), it is crucial to find ways
for them to be able to contest and shape the environment that is
their forever community. The APO isn’t just an institutional setting or civil society organization. From the perspective of animals
who will live their entire lives within its ambit, the APO is their entire world, their only ecological, social, cultural, and political community. If meaningful agency for humans and animals requires a
“holding environment” (Honig 2017), then the APO (and its partners) are that holding environment for long-term animal residents.
Diminishments of autonomy and self-determination that might
seem acceptable on a short-term basis become completely unacceptable if this is one’s whole life.12 (Consider quarantine and other
restrictions under the current COVID-19 pandemic and how the
duration of these restrictions makes all the difference in terms of our
willingness to sacrifice some agency.)
Supporting the agency of animals who become permanent
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members of an APO community may be very challenging in some
cases. Consider animals who have been abused or inadequately socialized, animals with severe injuries or illness requiring ongoing
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treatment, or wild animals who have been irreparably severed from
the free-living communities and habitats in which they could truly
flourish. The opportunity for many of these individuals to live selfdetermining lives is deeply compromised. Nevertheless, there may
be important ways in which an APO could support their agency and
their participation in shaping the world they share with humans,
even if it is a second-best world.
In our research concerning formerly farmed animals living in
interspecies communities, we have explored various mechanisms
for supporting animal agency and participation in community with
humans, so that animals can co-author their relationships with us
(Donaldson and Kymlicka 2015; Donaldson 2020; Blattner et al.
2020). These include, first of all, cultivating the ethos that animals
have a right to participation and the expectation that they can be
agents. Agency is relational—created in the relationships between
individuals (and between individuals and environments)—and this
requires that we actively seek out, support and solicit the agency of
others—that we be the “bearers” of each other’s agency, in Sharon
Krause’s terminology (Krause 2013, 2016). Especially in cases where
an animal’s agency has been suppressed or quashed, we must not
take their apparent passivity or lack of initiative or interest or purposeful activity as evidence that they lack the capacity or desire for a
more agential existence.13
Soliciting, enabling, and cultivating the agency of animals
requires that they feel secure, that they feel part of a supportive and
stable social community (for social animals), and that they have
sufficient liberty, space, time, and social and environmental stimulation to explore possibilities, make serendipitous discoveries,
and offer proposals for how to organize our lives together. And it
requires ongoing relationships with responsive humans who get to
know animals as individuals and community members and who
are committed to recognizing and supporting their agency. These
must be individuals whom animals like and trust. This support
includes making appropriate adjustments to the social and physical
environment. It means being responsive to animals’ proposals and
pursuing them.14 It means scaffolding learning opportunities to help
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individuals build competences and confidence, allowing animals to
gradually explore a wider range of environments, social roles, activities, and relationships.15 And it means undertaking these steps
in deliberate and demonstrable processes that can be reviewed by
third parties with expertise in animal ethology, animal ethics, and
interspecies democratic processes for achieving participation and
co-authorship in community decision-making.16
Is there any realistic way that an APO could prefigure this form
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of democratic community for the seized, injured, abused, and
traumatized animals who come under their permanent care? One
option is to create relationships with existing sanctuary communities
to relocate animals, assuming of course that these sanctuaries are
themselves committed to a prefigurative project. (Otherwise, the
APO is just punting the responsibility.) This is undoubtedly a practical solution if appropriate sanctuaries exist, especially for farmed
animals seized in neglect or cruelty cases. Or an APO could operate
its own sanctuary. This would be an expensive option, although
siting the sanctuary in a rural area with low property values might
be a possibility. (Creating such a sanctuary as part of a deal with government/industry to restore/rewild a former industrial or agricultural area might make it more feasible financially.)
An APO could also take a more direct role in fostering new kinds
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of community partnerships that could provide the stable, socially
and environmentally rich, and participatory framework that we are
advocating. A possible inspiration here is the so-called greenhouse
school located within a Finnish middle school. It is worth quoting in
depth Hohti and Tammi’s description from their ethological study
conducted at the school. The school
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has a greenhouse located in the building’s atrium. This is the biggest
educational greenhouse in the Nordic countries, complete with all the
technology required to create a subtropical climate in the middle of the
surrounding arctic environment. First used as a rescue facility for homeless pets, the greenhouse has evolved into an unofficial educational zoo
inhabited by both rescue animals and purchased ones. The school is
located in a disadvantaged, largely immigrant-background suburb. The
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establishment of the greenhouse was possible in the early 1990s, when
municipality allocated the resources for it following the so-called “positive discrimination” policy. The greenhouse inhabitants currently include approximately 40 bigger animals such as turtles, rabbits, a parrot,
a dove, cockatiels, a green iguana, a water dragon, a corn snake, mice,
guinea pigs, gerbils, a rooster and a hen. There are also smaller critters
such as stick insects, ants, snails, mealworms and flies. Plants include
tropical fruit trees, jacarandas, hibiscuses and more. Some animals are
moving around on the floor of the greenhouse, some are in their cages
and terrariums, or flying and sitting on beams close to the glass ceiling.
The doors of the greenhouse are open to visitors, but there is the inner
circle of some 20 students (aged 13–16) who like to spend most of their
free time in the greenhouse. These greenhouse kids, as we like to call
them, come in the greenhouse first thing in the morning, when it is often
still dark, and they stay sometimes until the janitor leaves in the evening. Most of these young people have taken a course during sixth grade
to qualify as responsible carers of the animals, and they are mentored
by two biology teachers, Armi and Taina. Some of the secondary school
students lead so-called animal clubs, which are afternoon clubs for
smaller children, aged 8–12. Often, we find no adults present in the
greenhouse. The young people spend time there on their own, taking
full responsibility over feeding, cleaning and other daily tasks related to
maintaining the greenhouse and taking care of the animals. (Hohti and
Tammi 2019, 170)
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It is not a great stretch to imagine that the turtles, rabbits, chickens,
parrots, iguanas, and others who find their way into APO care could
flourish in such a setting. As currently structured, this Finnish
greenhouse school falls within a “safe refuge” model rather than
the full “political” model we are advocating. While the greenhouse
seeks to ensure good welfare standards, it is not conceived as the
holding environment of animal residents’ agency: the main responsibility of humans is to provide protection and care, not to solicit
and support animals’ agency in shaping important elements of their
community. As it stands, therefore, one might worry that the greenhouse prioritizes human flourishing and learning through care of
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animals, rather than directly centering the agency and rights of animals, a concern that we have expressed about some farmed animal
sanctuaries (Donaldson and Kymlicka 2015). Other dimensions of
the description also raise red flags. Does being “open to visitors” perpetuate a zoo model of animals as entertainment for stranger/voyeur
humans instead of a community model of ongoing relationship?
And why are some animals “purchased”?
But a community greenhouse model could be reconceived along
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the lines of an intentional community or counterpublic—the center
of a new web of relationships that model different human–animal
relations, with the potential to transform all who come in contact
with it. At a minimum, this model would stand as an alternative and
challenge to the common perception of animals as “commodities”
to be bought and sold (or simply killed or abandoned) as it suits
the human owner. It would embody a deep moral commitment to
the idea that even “non-adoptable” dogs or abandoned backyard
chickens or exotic “pets” who are discarded by human owners are
nonetheless owed moral concern. But it could also help to challenge
the assumption that the best or only way to care for dependent animals is through assigning them to private individuals or families.
We need to explore more social or communal modes of living with
animals, in which animal residents are attended to and cared for by
multiple humans with whom they develop trusting relationships.
Building on these new relationships, the greenhouse could experiment with a more political model in which the space becomes the
“holding environment” of democratic community and the center of
a new idea of “the public” (based on the principles outlined above for
soliciting, enabling, and cultivating animal agency and participation
in joint world-making). In this model of political community, animals aren’t owned by humans or positioned as patients in an asymmetrical, institutional “safe refuge” arrangement, but rather are seen
as neighbors and co-citizens occupying their own unique spot in a
diverse democratic community.
In practical terms, creating such a community would require an
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APO to partner with a school board, retirement residence, prison,
community group (e.g., biodome/botanic garden, food garden/hub),
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or homeless shelter to create an experimental community where
APO animals can live their “second-best life.”17 As noted, the great
danger is that this might simply collapse into the familiar scenario in
which institutions adopt resident animals solely to alleviate human
boredom and loneliness, educate the public, or instill caring behavior in children—rather than exploring the transformative potential
of democratic community with animals. So, important groundwork
would have to be undertaken to find partners interested in this kind
of radical project.
Having said that, we think it is vital to acknowledge the mutuality involved. The fact is, humans would stand to benefit enormously from their relationships with animals in such a community.
The whole point of shifting from a “safe refuge” model to a “political” model is that it places community members in a relationship
of equal, reciprocal citizenship, rather than a hierarchical relationship between care-giving agent and recipient patient. And the mutual benefit is what makes this a realistic aspiration, not a utopian
one. Schools, retirement homes, and other organizations with the
finances to partner with an APO on such a project aren’t going to
do so if they don’t perceive benefits for the populations they serve.
In turn, animals in need of care and community stand to benefit
from tapping into human resources of attention, interest, skill, imagination, and concern that are often wasted or frustrated by the
structures of mainstream society that too often relegate children,
seniors, street people, prisoners, and others to controlled settings
of care and control rather than generative settings of participatory
democratic community. What we are imagining here is a synergistic
relationship in which animals and humans who typically lie outside
of mainstream democratic practices become the center of new sites
of democratic experimentation and renewal.18
It should also be noted that on this model it’s not just members of
the public who enter into a new relationship with animals, but also
staff at the APO. They would maintain a special duty as advocates
for the animals as they transition to broader community membership and responsibility centered in the greenhouse community, but
they could also, themselves, become part of this new community,
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this reconstituted “public,” in a co-citizenship (and neighbor, friend,
acquaintance etc.) relationship with animals and not just as caregiver/advocate. It was striking that, during our short visit with the
Montreal SPCA, animals who had been permanently adopted by
staff, spending time at the shelter as members of the SPCA family and
not just clients/patients, seemed to fill a crucial role in comforting
staff and reconciling them to the challenges of their workplace. Even
if the total number of animals involved in an enduring greenhouse
community initiative might be dwarfed by the numbers of animals
cared for on an episodic basis in other APO programs, the opportunity to develop long-term relationships with at least some animals
in a community setting that prefigures transformed human–animal
relationships could be enormously beneficial for staff well-being.
C7S5
7.2.3 Animals Who Are under Power
of an APO a Temporary or Episodic Basis
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Let us turn now to the second category of animals under APO
care: namely, those who are receiving temporary or episodic care.
The sort of long-term relationships of attention, trust, and mutual
learning that make it possible for humans and animals to jointly coauthor a permanently shared community are not possible (and perhaps not necessary or desirable) for animals who are in the power of
an APO on a short-term basis. We think it is important to keep the
“permanent” model in mind, however, when thinking about temporary or episodic care in order to appreciate the unique dimensions,
limitations, and challenges of representation and advocacy in the
crisis-type setting. Animals in the temporary care of an APO are
very vulnerable individuals, subject to the power of a large and
complex organization that is mysterious to them (think of a small
child undergoing treatment in a hospital). We know that in hospital settings, for example, patients need advocates. Having a robust
framework of legal safeguards, professional ethical guidelines, and
ethics review boards is certainly essential to protect patients, but is
not sufficient. Crisis care institutions are subject to their own failures
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(communications breakdowns, bureaucratic mentalities, incompetent or criminal staff, failures of attention and care to individuals,
etc.). The policies and procedures of caring institutions are sometimes designed more for the efficiency or convenience of staff rather
than the best interests of patients. Despite good intentions, it is easy
to fall into patterns of manipulating patients into compliance with
rules, practices, and decisions, rather than centering their needs and
experience.
So even if an APO operated with a strong commitment to
interspecies justice, we should not assume that this means animals will be well represented (just as the legal framework of human
rights does not guarantee that human residents/patients are wellrepresented within hospitals, group homes, hospices, shelters, etc.).
We might envisage two broad ways of ensuring better representation of animals. First, animals would need advocates who take on
a fiduciary role in relation to particular individual animals (animal
“guardians”); and, second, an advocate with an independent/armslength role within the organization whose sole responsibility is to
represent animals’ interests (animal “ombudsperson”).
Animal guardians would be empowered to speak up on behalf of
individual animals whose circumstances they know well and whose
interests they can speak to, contesting or influencing APO decisions
that affect that particular animal. Staff members at the Montreal
SPCA, for example, already do this on an informal basis. They form
special interests in or attachments to particular animals and advocate for them. This is sometimes viewed as a problem of partiality
(special pleading for certain individuals when decisions should be
made on an impartial utilitarian basis). But we would argue, rather,
that these special attachments could form the basis of a system of
effective guardianship. The problem is not that APO staff form
attachments to particular animals under their care and speak up on
their behalf. The problem is that not all animals have such a guardian.
This problem can be addressed by formalizing the system. All (or
a self-selecting subset of) staff would be assigned a certain number
of animals for whom they stand in relation as guardian (selection
based on animals’ inclinations/indications of trust and attachment,
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human inclinations/indications of attachment, or random assignment if necessary). Rather than having to justify special pleading for
a particular animal, APO staff would be obliged to do this for those
individuals under their guardianship. (At the same time, they would
be relieved of the burden of feeling they need to advocate for all animals under APO care. The burden would be shared.) When decisions
affecting the animal are taken, the guardian’s input, while not decisive, would hold special weight. The fact of their strong attachment
and special relationship to the animal in question, far from being
seen as detracting from the possibility of dispassionate decisionmaking, would rather offer some assurance of the animal’s interests
being heard as crucial decisions affecting their life are taken.
An animal ombudsperson would operate on a more systemic
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level, continuously reviewing APO policies and procedures with a
view to centering the experience, interests and rights of animals and
proposing modifications or reforms. The ombudsperson would not
face any conflicting priorities (budgets, staff problems, work load,
etc.) to interfere with their role as advocate. The key objective here
is to create a position for an animal representative that isn’t automatically biased or compromised by cost–benefit analyses and other
competing responsibilities and perspectives. If someone occupies
the role of vet, legal advocate, or adoption coordinator within the organization, it is very hard for this role not to shape their perspective
on animals’ interests and limit their ability to cast a critical eye on
the workings of the institution. A dedicated animal ombudsperson
would be in a better position to advance an unbiased and uncompromising form of animal representation, complementing the role
of guardians. The role might encompass duties such as developing
a bill of rights for animals within the institution or guidelines for
decision-making affecting fundamental interests and overseeing the
role of guardians. Perhaps most fundamentally, the role of the ombudsperson would be to make explicit the conflicting commitments
and agendas within the institution; highlight the inevitable ways in
which individual rights and interests can be sidelined by practical,
administrative, managerial, and financial exigencies; and, where
possible, implement policies to guard against the predictable pitfalls
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of institutionalized care. Even in short-term care settings, it is important to recognize that animals’ interests must be independently
represented within any organization—not subsumed under general
and professional guidelines of care.
The primary responsibility of animal guardians and
ombudspersons in situations of episodic/crisis care is to act as
a shield against institutional power—to hold that power to account on behalf of animals who, for a variety of reasons, cannot
be effectively agential (e.g., they are held captive; they are often ill,
traumatized and/or frightened; they tend to be both overstimulated
and understimulated in ways that compromise well-being; and
they are completely unfamiliar with the social and physical environment). Despite the best intentions of human caregivers, this is
not a good environment for animals or a possible “holding environment” of effective agency. As we have argued, supporting animal
agency in meaningful terms is only possible in relation to shaping
and appropriating a long-term community environment where animals can indeed feel at home in their permanent home.19 This is not
to say that agency is irrelevant in captive and crisis settings. On the
contrary, even in highly constrained circumstances it is possible to
give animals some sense of control over decisions concerning bedding, food, companions, etc., and this should be enabled as much
as possible. (Supporting these forms of “micro” agency would be a
particular responsibility of animal guardians.) Nevertheless, the primary goal of the animal guardian/ombudsperson is to act as a shield
against institutional power and practices, not as an enabler of agency.
This representation is intrinsically important to ensure justice for
animals—providing a stronger voice for animals’ interests, ensuring
that these interests, even if they cannot always be met, are at least
not buried under the exigencies of crisis management. But we would
suggest that creating these dedicated roles of animal guardians and
ombudspersons would also be good for the staff and volunteers.
Currently, staff members bear a terrible burden of being all things
to the animals under their care, a burden which could be eased by
sharing and formalizing advocacy roles. The guardian role would
validate and empower (but also limit) a role that staff already assume
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informally. An ombudsperson role would significantly remove the
burden from staff of trying to be the best possible advocate for animals while carrying out their more immediately pressing duties
as administrators, caregivers, medical practitioners, investigators,
fundraisers, and public educators. It would also allow staff to feel
that they are part of a prefigurative politics, piloting new forms of
animal representation and political recognition and empowerment.
C7S6
7.3 What Difference Would This Make to APOs
under Current Circumstances?
We have argued that, even in a just society, something like APOs
would still be needed to provide both short-term and long-term care
for vulnerable animals. But in such a future society, there would be
built-in mechanisms to ensure (a) agency/participation for longterm residents and (b) effective advocacy/representation for shortterm residents.
To what extent can this vision of a future APO be “prefigured”
C7P39
today? Can an APO today instantiate the kinds of rights and
relationships that we would like to see in a just society? We have
explored a number of possibilities, including
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1. Working with partners to seed “alternative communities” for
animals in long-term care along the lines of a more radical version of the “greenhouse school” (or existing prefigurative animal sanctuaries).
2. Creating roles for animal guardians/ombudspersons within
the APO itself.
We realize that these proposals may seem like they are imposing yet
further expectations and burdens on an already overburdened (and
underresourced) organization. Viewed from another angle, however,
we can see these proposals as lightening the burden on staff, many of
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whom feel deeply torn between the constraints of their institutional
roles and their moral aspirations for a more just world. In a better
future, the distance between these constraints and aspirations would
be much smaller, but, for the foreseeable future, the distance will be
profound. We need to find a way, therefore, to reduce this conflict,
and we believe that prefigurative policies can help here. Staff need
to know that, notwithstanding the deeply morally compromised
day-to-day realities of APOs in the current world, there are times
and places where justice can be envisaged and explored, including
in alternative communities or in new modes of political representation. This might in turn lead to a subtle reorientation of staff to those
animals under their care—by separating the roles of care provider
and advocate. It is a common pitfall of caring institutions—whether
these institutions are caring for humans or animals—that caregivers
take on “monopolies of care” which are unhealthy and unsustainable
for both the caregiver and the cared-for.20
It is hard to predict how the practices and policies of an APO
might change if these proposals were adopted. What sorts of
communities would those animals in permanent care try to build
with us? What sorts of priorities would animal guardians and animal
ombudspersons establish for those in temporary care? This is impossible to predict. But this is the point of all genuinely transformative
animal politics: we can’t know in advance what the consequences of
enhanced animal agency and improved animal representation will
be—we actually have to implement it to find out. And we believe that
APOs have a valuable role to play in the process.
C7P44
Acknowledgments
C7P45
Thanks to Valéry Giroux, Angie Pepper, and Kristin Voigt for inviting us to be part of this volume and for helpful comments on our
initial draft. Special thanks to Élise Desaulniers and the staff at the
Montreal SPCA for sharing their experiences with us so openly and
frankly.
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Notes
1. The term “animal-industrial complex” originates in Noske (1989). For an update and elaboration, see Twine (2012).
2. As, e.g., when the law limits the SPCA to considering cases of cruelty that
fall outside the standard operating procedures of industry and science while
preventing them from attending to the vast structural cruelties of the animalindustrial complex. Or, as another example, when the SPCA must comply with
an order to kill a dog who has attacked a human even if the behavior originates
in human abuse and neglect.
3. As, e.g., in efforts to make incremental improvements to farm animal welfare
legislation when the fundamental role of this legislation, arguably, is the authorization of violence against animals, not animal protection (Bryant 2010). APOs
may also be expected to cooperate in the creation of guidelines for entities such
as the Canadian Council on Animal Care and the National Farm Animal Care
Council, two industry-led and unaccountable bodies to whom the government
defers on matters concerning the well-being of researched and farmed animals.
On how industry has captured these bodies, and sidelined pro-animal voices,
see Bradley and MacRae (2011).
4. Insofar as the mandate of most APOs includes a principle of ensuring “protection” or “consideration” for animals, one could argue that a transformative
commitment is already implicit in their mandate. However, many APOs explicitly deny that this principle entails repudiating ideologies of the instrumental
use of animals. See, e.g., the Ontario SPCA’s explanation that it is an “animal
welfare” and not an “animal rights” organization (https://ontariospca.ca/whowe-are/faqs/). Philosophically, one might question whether this is a coherent
or defensible interpretation of the principle of protecting animals, but it has
historically been the predominant view within many APOs, and efforts to move
APOs in a more transformative direction have often been resisted by their governing boards and donors. For the purposes of this chapter, therefore, we will
assume that APOs are defined first and foremost by their commitment to the
immediate rescue and protection of individual animals and that the question of
whether or how to supplement that with a more transformative commitment is
a matter of ongoing debate.
5. For a discussion of the particular challenges facing APOs when their public
pronouncements contradict prevailing social norms, see Chapter 5, this
volume. In this chapter, our focus is less on public pronouncements and more
on internal practices and grassroots partnerships.
6. The term “prefigurative politics” originates in Boggs (1977), who defined it as
“the embodiment, within the ongoing political practice of a movement, of those
forms of social relations, decision-making, culture, and human experience that
are the ultimate goal.” It has since become a central concept for understanding
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7.
8.
9.
10.
11.
12.
13.
a wide range of contemporary social movements. For a helpful overview, see
Yates (2015).
Sanctuaries are diverse and reflect a broad range of what might be deemed prefigurative elements—whether consciously adopted in those terms or more intuitively evolved in caring practice. Part of our goal in this chapter is to contribute
analytic tools to identify these elements so that APOs can, if they choose, adopt
them with greater intention.
On the distinction between “domesticated” animals (who we’ve brought into
our society to live and work alongside us), “liminal” animals (who are not domesticated but live among us as urban or suburban wildlife), and “wild” (or
“wilderness”) animals (who attempt to live on their own habitat and generally
avoid human contact), see Donaldson and Kymlicka (2011).
See Pepper and Voigt (2021) for related discussion concerning the future role
of zoos.
On the high level of stress and burnout among animal shelter staff, see Dunn
et al. (2019).
Other APOs which fall primarily on the crisis end include wildlife rehab centers.
Most of their work is transitory, involving crisis care for injured or orphaned
liminal and wild animals who will be released into the wild. But some animals
cannot be released safely into the wild, and, where permitted, rescue centers
often provide a permanent home to these individuals. A related example is
“drop in” forms of sanctuary for free-roaming animals—e.g., sanctuary clinics
for village dogs, cows, and donkeys in India, or feral cat support networks—
in which humans provide not just crisis care, but also a structure of ongoing
supportive intervention. This ongoing support might include constructing
shelters, providing food and intermittent medical care, and offering temporary
respite from life on the streets. So, the distinction between temporary crisis care
and a permanent home/community is a continuum, as is the distinction between more formally organized and informal care networks.
Even the conservative field of animal welfare science has awakened to the importance of animal agency and autonomy. See Špinka and Wemelsfelder (2018)
and Franks (2019) for recent overviews of studies concerning the inherent importance to many animals of being able to exercise control over their lives, to
the point that they will sacrifice material benefits and other welfare outcomes in
favor of retaining or achieving greater agency.
See Franks (2019) for a discussion of this issue in the context of “choice studies”
involving animals. For example, stressed animals in captivity may show little
inclination to explore new options, which is sometimes taken as evidence that
providing options does not contribute to their welfare. In reality, what this
shows is that they are in a state of poor welfare and so unable to take up what
would be welfare-improving options.
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14. See Meijer (2019) for a discussion of animals making proposals to us (and vice
versa).
15. The idea that the capacity for choice requires “scaffolding” is familiar in child
psychology. We extend it to animals living in interspecies communities in
Donaldson and Kymlicka (2017).
16. In relation to farmed animal sanctuaries, we argue that this scaffolding should
even extend to creating the conditions under which animal residents can safely
exit community with humans over time, if they so choose. Animals who currently live in close relationships with humans might gradually form their own
communities with much reduced interaction with humans. In the VINE sanctuary in Vermont, e.g., cows have the option of either leading a more independent semi-feral life on their own in the expansive upper pasture or living
in more constant and direct interaction with humans and other animals in the
middle pasture (as discussed in Donaldson and Kymlicka (2015) and Blatter,
Donaldson and Wilcox (2020). This is unlikely to be a realistic option for the
animals falling under permanent care of an APO.
17. We refer to it as “second best” to highlight the fact that it is a life path made necessary/possible by earlier misfortune or injustice. This does not preclude the
possibility that this life path leads to a highly valued life, just as human tragedy
can sometimes push people onto a new path that they ultimately cherish.
18. See Donaldson and Kymlicka (2016) for a more extended discussion of how
prefigurative animal politics can be located within networks of participatory
local institutional settings: e.g., having an animal sanctuary as part of complex
that brings together a school and a home for seniors.
19. On the importance of animals being able to appropriate their environment to
feel at home in it, see Bachour (2020), Bachour, Chang, and Van Patter (2021).
20. On the dangers of monopolies of care, see Gheaus (2018).
C7S7
References
C7P46 Bachour, O. (2020) “Alienation and animal labour.” In C. Blatter, K. Coulter, and
W. Kymlicka (eds.), Animal Labour: A New Frontier of Interspecies Justice.
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C7P47 Bachour, O., D. Chang, and L. Van Patter (2021) Dwelling with Animal-Others:
Meaning-Making and the Emergence of Multispecies Community. (under review)
C7P48 Blattner, C. (2020) “Animal labour: Toward a prohibition of forced labour and a
right to freely choose one’s work.” In C. Blatter, K. Coulter, and W. Kymlicka
(eds.), Animal Labour: A New Frontier of Interspecies Justice. Oxford: Oxford
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Blattner, C., S. Donaldson, and R. Wilcox (2020) “Animal agency in community: A political multispecies ethnography of VINE Sanctuary.” Politics and
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Boggs, C. (1977) “Marxism, prefigurative communism, and the problem of workers’
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Donaldson, S., and W. Kymlicka (2016) “Envisioning the zoopolitical revolution.” In Paola Cavalieri (ed.), Philosophy and the Politics of Animal Liberation.
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Donaldson, S., and W. Kymlicka (2017) “Rethinking membership and participation in an inclusive democracy: Cognitive disability, children, animals.” In
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Dunn, J., C. Best, D. L. Pearl, and A. Jones-Bitton (2019) “Mental health of employees
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C8
Afterword
Élise Desaulniers
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It is astonishing that, almost two centuries after the creation of the
first shelters, this work constitutes, to my knowledge, the first real
ethical reflection on the stakes of animal protection organizations.
The daily life in a shelter is one of emergencies and unexpected
events. The moments when we can sit down and take a step back
from what we are doing are rare, if not nonexistent. Meeting with
a group of ethicists and reading their recommendations made me
realize the complexity of our work and provided a solid and necessary foundation for our reflections and continuous improvement
processes.
The Montreal SPCA is the oldest and still one of the most important animal protection organizations in Canada. We take care of
12,000 to 15,000 animals each year. Although it is the main provider
of animal services to the City of Montreal, we are funded primarily
through donations and self-generated revenue. The Montreal SPCA’s
mission goes beyond that of most shelters: it is to protect animals
from neglect, abuse, and exploitation; represent their interests and
ensure their well-being; promote public awareness; and contribute
to the development of compassion for all sentient beings.
In addition to shelter activities, the Montreal SPCA also offers a
spay/neuter service for low-income families, operates an investigation office that enforces animal protection laws, and works to advance the animal cause in Quebec with its animal advocacy team.
The Montreal SPCA is behind the recent modifications to the Civil
Code of Quebec, which now recognizes animals as sentient beings. It
is due to the Montreal SPCA’s efforts that cats, dogs, and rabbits who
Élise Desaulniers, Afterword In: The Ethics of Animal Shelters. Edited by: Valéry Giroux, Angie Pepper and Kristin
Voigt, Oxford University Press. © Oxford University Press 2023. DOI: 10.1093/oso/9780197678633.003.0010
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do not come from shelters can no longer be sold in pet stores across
the city, that the ban on certain breeds of dogs has been ended, and
that horse-drawn carriages no longer operate in Old Montreal.
Our organization is much more than a traditional shelter. It is one
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of the leading animal rights groups in Quebec. It is therefore important for us to be exemplary in our ways. We don’t just want to adopt
best practices; we want to establish them.
The recommendations that have been made (and are reproduced
in this volume) will be read and analyzed carefully. Some of them
have already been implemented or are in the process of being
implemented, such as vocabulary issues or the creation of an ethics
committee. Others, such as the creation of a second site, seem difficult to implement in the short term, but they illustrate the difficulties
of realizing our ambitious projects in our current facilities. When
we talk about organizing the Montreal SPCA into subunits that
have discretion over their own budgets, rather than being in ongoing competition for limited resources with several other units,
this seems difficult with very limited financial resources. The issue is
not so much the distribution of the budget as the size of the budget
itself, which forces prioritization. Other recommendations require
more thought, such as anything to do with our enforcement powers
and our criticism of the Ministry of Agriculture, Fisheries and Food
(MAPAQ). We must ask ourselves what is best for the animals in the
short, medium, and long term—and, above all, whether one of the
problems is not that the SPCA is one of the only groups defending
animal rights in Quebec.
A common thread linking all these issues is the fact that in
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Quebec—as elsewhere in the world—funding for animal protection
depends almost exclusively on donations from the public and therefore on public opinion. Deprived of subsidies, organizations like
ours spend a good part of their resources on fundraising activities
that are necessary to offer basic care to animals—such as shelter and
veterinary care—that represent staggering costs. Our organizations
do not always have the freedom of other advocacy groups to make
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bold moves that put their funding at risk. On the other hand, the optimization of scarce resources is a constant concern.
Since the visit of the group of ethicists who wrote these
recommendations for our shelter, much has changed at the Montreal
SPCA. New programs, especially for cats with ringworm and unweaned kittens, have been implemented and are already being
emulated elsewhere in Quebec. Processes have been improved to
ensure that all options are truly considered when making decisions
about an animal’s life. The pandemic has also forced us to rethink
and optimize all our services as well as develop a series of community support programs. We now temporarily house the animals of
victims of domestic violence and refugees. We have a food bank to
provide pet food to those who are going through difficult times. We
have helped develop shelters for people experiencing homelessness
that now house animals and provide training for street youth to
learn proper animal care.
All of this community work is missing from the recommendations
but will undoubtedly become more and more important in our
work over the next few years. It makes us realize the importance
of thinking about our relationships with animals in a broader way.
More and more groups are putting forward the concept of One
Health: animal health, human health, and environmental health
are intrinsically intertwined and interdependent. The health of one
affects the health of all. I believe that animal welfare groups like ours
will be called on to work in concert with other organizations to help
create a more just and sustainable world. Shelters and animal welfare
in the broadest sense should no longer be thought of in silos but as
part of a larger whole. Of course, all this will certainly lead to other
ethical reflections. But it is by fighting for more social justice and by
reducing inequalities that we will arrive at a fairer world for animals.
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