Is a Chimpanzee Entitled to Legal Rights?Posted by Joyce Tischler, ALDF's Founder and General Counsel on December 2, 2013
That is the tantalizing question being posed by the Nonhuman Rights Project and its founder, Steven Wise. The legal vehicle Wise and the Nonhuman Rights Project have chosen is a petition filed today with a New York court, demanding the issuance of a writ of habeas corpus for Tommy, a chimpanzee detained “in solitary confinement in a small, dank, cement cage in a cavernous dark shed…” This lawsuit argues that Tommy is being unlawfully detained and denied his liberty, and that the purpose of a common law writ of habeas corpus is to deliver a being like him from unjust and illegal restraint.
For most Americans, chimpanzees are still just hairy clowns, trained through brutal tactics to jump up and down and make funny faces in movies and television commercials. They sort of look like us, but not enough to prick our collective conscience. So, we laugh at them, and few of us seriously consider their plight. Chimpanzees have been used, exploited, tortured, and killed for a wide variety of human desires: as moneymakers in entertainment, as subjects of research and testing, and as dangerous play “things” for people who wish to keep them in their homes and yards. I have written previously about our blind adherence to using chimpanzees as if they were mere “things.”
An End to the Dark Era
Yet, developments in the past decade have signaled a new consciousness. Research on chimpanzees has been banned or severely limited in the U.K., New Zealand, the Netherlands, Sweden, Australia, Japan, Austria, Spain and Belgium, and as of 2010, the European Union has banned it. The Spanish Parliament passed a resolution supporting a grant of legal rights to Great Apes in 2008, the same year that international pharmaceutical giant, GlaxoSmithKline publicly stated that it would no longer use chimpanzees in laboratory testing. In 2011, the U.S. National Academy of Sciences’ Institute of Medicine announced that chimpanzee use is no longer necessary for most biomedical research, and in 2013, the National Institutes of Health, once the major supporter of medical research and testing on chimpanzees, announced that most of the chimpanzees it owns will be retired from medical research and sent to sanctuary.
This is truly heartening, but still a far cry from a court of law recognizing a chimpanzee as a “legal person.” To be a “legal person,” one doesn’t need to be a human being or even a biological being. A corporation is a legal person. “Legal personhood” is a fiction, used to recognize one who has legal rights and duties. It’s one of our most powerful concepts, and American legal history is filled with heated conflicts about whether or not slaves, women, children, Native Americans, corporations, and human fetuses would be considered “legal persons.” This and the ensuing lawsuits by the Nonhuman Rights Project and Wise mark the opening volley in a battle that may well change how we view and treat nonhuman animals.
The Nonhuman Rights Project has given the court a virtual ton of scientific findings about the capacities of chimpanzees. We can no longer ignore the evidence that chimpanzees experience love, hate, fear, and grief, or that they are self-aware, have language, strong social and familial bonds, and a wide variety of other capacities which clearly identify them as beings, not things. Will a court of law find that a chimpanzee is a legal person? The answer may depend, in part, upon whether the judge focuses on the similarities or the differences between chimpanzees and humans. If a judge sees only the differences, then it is unlikely that s/he would recognize the legal rights of chimpanzees. If the similarities rule, then the question becomes, why not?
I’m proud that Animal Legal Defense Fund has done some of the foundational work noted in the Nonhuman Rights Project’s pleadings for the writ of habeas corpus. Working with the Commissioners of the Uniform Trust Code, ALDF helped to change trust law throughout the U.S. and create valid legal trusts for animals, and additionally, we drafted and litigated the first trust for chimpanzees so that it was recognized by courts of law in New York and Washington State, In re Fouts, 677 N.Y.S. 2d 699 (N.Y. Sur. Ct. 1998).
This new chapter will not be decided quickly or easily; it will take enormous effort and resilience from all us working to create legal rights for animals. I leave you with one of my favorite quotes, as I applaud our colleagues at the Nonhuman Rights Project for breaking this new and historic ground:
“I do not pretend to understand the moral universe; the arc is a long one, my eye reaches but little ways; I cannot calculate the curve and complete the figure by the experience of sight, I can divine it by conscience. And from what I see I am sure it bends towards justice.”
~Rev. Theodore Parker, Unitarian minister and abolitionist, 1858.