Balancing animal rights and the safeguarding of the intangible cultural heritage

This chapter analyses by using data gathered in the Osmose international comparative study cases in which a discrepancy arises between the contemporary values of a society and the traditions of a community. This analysis reveals that the strong tension between the safeguarding of the intangible cultural heritage and the protection of animal welfare has opened up a space favourable to litigation and judicialization. The recent rise of advocacy for animal rights can explain this tension. Organizations defending animal rights have become actors in the construction of the law challenging elements of intangible cultural heritage, such as bullfighting. This chapter shines a light on how courts balance the interest of a community in safeguarding their intangible cultural heritage and animal welfare.