Editorial for Special Issue

 

*       University of Rijeka, Faculty of Law, Croatia (Full Professor of Constitutional law)

**    University of Rijeka, Faculty of Law, Croatia (Associate Professor of Family law)

*** University of Osijek, Faculty of Law, Croatia (Assistant Professor of Civil Law).

This special issue of LEOH is the scholarly outcome of the research project “Humans, Animals and (Subjective) Rights-Holdership: Transition of the Anthropocentric Legal Paradigm Toward the Rights of Nature” (project no. UNIRI-ISKUSNI-DRUSTV-23-69), supported by the University of Rijeka’s scientific support programme and conducted during 2024–2025. The Project critically examined the foundations and implications of the anthropocentric legal paradigm, with a particular focus on the evolving legal status of non-human beings and the conceptual expansion of rights-holdership beyond the human subject.

As part of the Project’s activities, an international conference titled Transforming the Anthropocentric Legal Paradigm: Animal Rights within Nature Rights was held in Rijeka, Croatia on 25–26 April 2025. The conference brought together scholars from various disciplines and jurisdictions to explore the intersection of law, ethics, and ecology. A total of 19 papers were presented, reflecting a wide range of perspectives on the legal treatment of animals, the rights of nature, the concept of legal personhood/subjecthood, as well as doctrinal and practical challenges of moving beyond anthropocentrism in legal thought and practice.

This special issue features six selected papers from the conference, each contributing to the broader discourse initiated by the Project. The authors and their contributions are:

Eva Bernet Kempers, If Rivers Have Rights, Do Fish Have Rights Too? Examining the Relationship Between Rights of Nature and Animal Rights

Zorana Todorović, Sentience-Based Approach to Animal Rights: Towards Legal Protection of Animal Interests

Roberto Garetto, The Legal Protection of Animals in Sporting Events and the Case of the ‘Horse Athlete’ in Italian Law

Deborah Scolart, The Legal Status of Animals in Islamic Law: A Diachronic Analysis from Fiqh to Some Contemporary Statutory Laws

Lana Ofak (short paper), Exploring Access to Justice in Environmental Matters Through the Lens of Rights of Nature and Animal Welfare

Lidija Knorr, The Problem of Monocentricity and the New Role of the Intelligent Subject: Toward Pluriperspectivism in Addressing Ecological Crises

The legal system has traditionally treated humans as subjects and the rest of the living and non-living world as objects – entities instrumental to human interests. This anthropocentric orientation has shaped legal norms around ownership, environmental degradation, and the quality of human life, reinforcing a conceptual divide between humanity and nature. The artificial separation of humans from nature, and the binary categorization of the “human” versus the “natural”, have contributed to a cultural and legal alienation that undermines both ecological integrity and human well-being.

The Project and the conference explored the ethical and legal-theoretical dimensions of expanding the concept of “rights holders” beyond the human. Central to this inquiry is the question of whether non-human entities – animals, ecosystems, and even artificial intelligences – can and should be recognized as subjects of legal rights. The research examined the normative and practical implications of such recognition, and whether it can offer more robust protection for natural stakeholders than the traditional right to a healthy environment.

Concepts such as “natural”, “healthy”, and “ecological” are frequently invoked in legal and public discourse, often without sufficient semantic or hermeneutic clarity. Similarly, the terms anthropocentrism and biocentrism, though widely used, remain ambiguously defined and inconsistently applied. Humans occupy a paradoxical role as both destroyers and stewards of nature, raising critical questions about the nature and relevance of these conceptual labels in environmental protection. What constitutes an anthropocentric versus a biocentric legal action? How do these frameworks shape, and are shaped by, legal norms and institutions?

Some legal systems have begun to recognize the rights of non-human entities, granting legal personhood to animals, rivers, forests, and even “Mother Earth”. These developments challenge conventional theories of legal subjectivity and provoke resistance from legal, philosophical, and political scholars who question the coherence and legitimacy of extending legal rights beyond the human. Nonetheless, the question of who – or what – can be a rights holder lies at the heart of contemporary debates on sustainable development and the emerging discourse on nature’s rights per se.

The Project aimed to critically assess the arguments, conditions, and normative foundations for recognizing non-human living beings as rights holders. It sought to contribute to the broader project of dissolving the anthropocentric paradigm of law and constructing a more ecologically attuned legal order. The working hypothesis was that the conceptualization of nature’s rights offers a more comprehensive and effective framework for protecting all natural stakeholders than the narrower, human-centered right to a healthy environment.

The six papers selected for this issue reflect the diversity and depth of the discussions held during the conference. They offer insights into the legal treatment of animals, the philosophical underpinnings of nature’s rights, and the implications of these shifts for both public and private law. By engaging with the ethical, jurisprudential, and practical dimensions of non-human rights-holdership, this issue invites readers to reconsider the boundaries of legal subjectivity and the future of law in an ecologically interdependent world.

The editors would like to express their sincere gratitude to the reviewers who carefully evaluated the submitted papers and provided constructive feedback that helped the authors elevate their work to a commendable scholarly level. We list their names in alphabetical order, with heartfelt thanks for their generous and expert contribution.

-          Núria Almiron – Universitat Pompeu Fabra, Barcelona, Spain

-          Marcia Condoy Torque – University of Helsinki, Finland

-          Mariolina Eliantonio – Maastricht University, the Netherlands

-          Vasco Fronzoni – University Pegaso, Italy

-          Orhan Jašić – University of Sarajevo, Bosnia and Herzegovina

-          Nina Kerstensteiner – University of Regensburg, Germany

-          Visa Kurki – University of Helsinki, Finland

-          Luciano Olivero – University of Turin, Italy

-          Massimo Papa – University of Rome Tor Vergata, Italy

-          Sandra Radenović – University of Belgrade, Serbia

University of Rijeka, Croatia, February 2026

Sanja Barić, University of Rijeka, Faculty of Law, Croatia (Full Professor of Constitutional law)

Sandra Winkler, University of Rijeka, Faculty of Law, Croatia (Associate Professor of Family law)

Tomislav Nedić, University of Osijek, Faculty of Law, Croatia (Assistant Professor of Civil law)

Suggested Citation Style:

Barić, Sanja, Winkler, Sandra and Nedić, Tomislav (2026). Editorial for Special Issue. Journal of Animal Law, Ethics and One Health (LEOH), Special Issue on Rethinking Ecosphere and Biojustice: Legal Personality and Legal Rights Beyond the Human, 1-3.  DOI: 10.58590/leoh.2026.004