New York State Supreme Court To Decide Whether Chimps Have Human Rights
Whilst they won’t be getting suited and booted any time soon, two chimpanzees may finally get their day in court. It is expected that the New York State Supreme Court will hear legal arguments regarding whether two research chimps named Leo and Hercules should have the same rights as humans and under the law be set free rather than be considered as property.
Ruling a big deal
Justice Barbara Jaffe, in response to a petition from the Nonhuman Rights Project signed an order forcing Stony Brook University to justify why it should be allowed keep hold of the two chimps. Steven Wise, an attorney for the project says the ruling is a very big deal. The animal advocacy group says the judge’s decision is the first time it has been recognised legally that chimpanzees may have the same rights as people.
Same rights as prisoners
Initially the ruling included a writ of habeas corpus which is a legal measure designed to protect prisoners. Until recently only human prisoners could expect protection from unlawful detention. However later on Judge Jaffe amended the court order and struck out the words “writ of habeas corpus”. Mr. Wise says they don’t know what motivated her to do that however as a matter of practicality there is very little difference between the two orders.
Huge reprecussions
The Nonhuman Rights Project is not seeking to have the two chimps released onto the streets of New York. Instead they want Hercules and Leo to be moved to a sanctuary in Florida. Until now, the advocacy group has not had any success convincing the courts that the chimps held at Stony Brook University should have the same rights as people. Bob Kohn a lawyer who has argued against granting such rights says if a court were to grant the chimps these rights, there would be huge repercussions both from a practical and philosophical view.
“To recognise personhood in nonhuman animals is to give them legal rights. You cannot give any creature legal rights without those creatures having legal responsibility. Legal rights flow from legal responsibility. No nonhuman animal can be accountable for its actions. You cannot hold a pit bull accountable as a person for his actions because it cannot intelligibly interpret the law.” Mr. Kohn said.
