Abstract

The ethical debate on the moral consideration of non-human animals (hereafter animals) is currently centred on the evidence of sentience in these individuals. Legal protection for vertebrates and cephalopods (and decapods in the UK) has resulted from the recognition of sentience in these animals. Although one should celebrate the significant advances in the legal protection of animals in recent decades, current animal legislation is modulated by an instrumental viewpoint, remaining speciesist and anthropocentric. A sentient being is here understood as one who has the phenomenological experience of awareness, which is the most basic sense of phenomenal consciousness that implies the existence of a subject who is not indifferent to what happens to itself. This paper demonstrates, with reasonable assumptions, that this concept of sentience would apply to many invertebrate species, thus deeming them worthy of increased moral consideration and legal protection. In cases in which sentience cannot be demonstrated clearly, one should assume the precautionary principle and consider the intrinsic value of each animal to designate moral consideration. In considering sentience as the primary condition for moral consideration, science must expand who is recognized as sentient rather than being reductionist. Animal ethics must review to whom the moral consideration should be given. Animal legislation must include legislative innovations and invertebrates in its protective scope. Thereby, a significant improvement in the current political and legislative decisions would be rooted in animal ethics. Opening the ethical perception and broadening the debate are urgent, as moral consideration should be given to all animals.