The Pet Tree House - Where Pets Are Family Too : Nonhuman Rights Project The Pet Tree House - Where Pets Are Family Too : Nonhuman Rights Project
Showing posts with label Nonhuman Rights Project. Show all posts
Showing posts with label Nonhuman Rights Project. Show all posts

Thursday, May 28, 2015

U.S. Court Grants 'Human Rights' to Chimpanzees: Top Naturalist Reveals Why the Animals Are Like Us Than We Think


How would you feel about marrying a chimpanzee? Horror, disgust, revulsion: I mean, they are not human, are they?

So, how would you feel about serving up a chimp for your Sunday dinner? Horror, disgust, revulsion: it would look and feel like cannibalism.

This is not a make-your-mind-up contradiction. The confusion is an unavoidable aspect of the relationship between humans and chimp.

They’re different from us, all right — we know that in our guts. But they’re also the same. They are closer to us than any other non-human life-form on the planet.

Last week, a revolutionary decision was made in a U.S. court: chimpanzees were acknowledged to have rights of their own.

It is the first time legal rights of any kind have ever been accorded to anything other than a human.

The story started in 2013, when an organization called the Nonhuman Rights Project filed a lawsuit in the New York Supreme Court on behalf of four chimps kept for research by Stony Brook University. The eventual conclusion of Justice Barbara Jaffe was that they were not to be treated as property, but as legal persons.

Not as persons with full human rights, but as persons with a right not to be held in captivity and a right not to be owned.

The fact is that chimpanzees really are almost human. It’s a truth that humankind has tried to ignore ever since Charles Darwin declared in 1871 that humans were related to the apes of Africa.

Modern genetic studies have shown that this relationship is much closer than people thought. We have nearly 99 per cent of our genetic material in common.
And if that one-and-a-bit per cent is unquestionably significant, the rest of it takes a fair amount of thinking about. Chimpanzees are more closely related to us than to their — or should it be our — fellow apes, the gorillas and orangutans.

It has been suggested that humans and chimpanzees belong not just in the same family, but in the same genus: in other words, the only correct way to understand the human connection to other species is to accept that humans are a species of chimpanzee . . . or chimpanzees are a species of human.

And if that sounds fantastic, cast your mind back. Some statements made about race — statements that are shocking now — were once accepted as good sense: ‘There is a physical difference between the White and the Black races which I believe will forever forbid the two races living together on terms of social and political equality.’ That was Abraham Lincoln in 1858.

One more: ‘The mental constitution of the negro is . . . normally good-natured and cheerful, but subject to sudden fits of emotion and passion during which he is capable of performing acts of singular atrocity, impressionable, vain, but often exhibiting in the capacity of a servant a dog- like fidelity . . .’ That’s from Encyclopedia Britannica 1911.

The great primatologist Frans de Waal said of us humans: “We are apes in every way, from our long arms and tail-less bodies to our habits and temperament.”
A study published this week in the journal BMC Evolutionary Biology said that the many humans who suffer from lower back pain do so because their spines are more like those of chimpanzees than the spines of those people who don’t suffer from back pain.

In other words, some humans are less well adapted to walking upright than others because their spines are ‘statistically indistinguishable’ from those of chimps.

And we find many traits in chimps that are equally uncomfortable.

One chimp learned to use sign language.

Take language. Washoe was a chimpanzee born in West Africa in 1965 and captured for use in the American space program. She was brought up in an American family and taught sign language.

Experiments to teach chimps spoken language had all failed: they don’t have the physical equipment to make sufficiently varied sounds, but they communicate with body language in their wild daily lives.

Washoe acquired a vocabulary of 350 signs, and taught some of them to her adopted chimpanzee son Louis. On seeing a swan, she signed ‘water’ and then ‘bird’.

Washoe put together a near sentence when a doll was put in her drinking mug: “Baby in my cup.” Another time she signed to her teacher: “You me out go.” She received the answer: “OK, but put clothes on.” Washoe immediately put on her jacket.

And, touchingly, one of her regular teachers suffered a miscarriage and was absent for some time. On her return, she signed to Washoe: “My baby died.” Washoe signed back: “Cry.” She then traced the track of a tear on her face. This is an astonishing bit of empathy: chimpanzees don’t weep.

A similar project involving a chimpanzee called Nim Chimpsky failed to get the same results. It was conducted with clinical rigor, without messy stuff like affection and with many changes of assistants.

A human child needs love to learn, as every parent knows. This failed experiment seems to prove that chimpanzees are no different.

They outperform humans in some computer games, in which snap decision making is required. In problem-solving tests, chimpanzees have invented all kinds of complex ways to find and reach hidden fruit, building towers and creating tools to stretch beyond a barrier. Chimpanzees experience insight: they know what it is to have a ‘eureka moment’.

Desmond Morris, author of the best-selling The Naked Ape, taught a chimp, Congo, to paint. Congo never tried representational art; his style was described as abstract impressionism. But he would carefully balance his paintings, putting, for example, blue on both sides.

He would throw an artistic tantrum if he was told to stop painting before he considered the work finished, and he would refuse to add to a painting he saw as complete. Picasso owned a Congo.

Observations of chimpanzees in the wild, most of them inaugurated by the great anthropologist Jane Goodall, show all kinds of things that humans and chimpanzees have in common.

Chimpanzees make and use tools, they co-operate. They communicate with kisses, embraces, tickling, swaggering and threatening.

She also discovered the most significant thing we have in common: childhood. Chimps and humans spend a long time before taking on the responsibilities (such as breeding) of adult life.

A chimpanzee will spend five years with its mother, suckling and sharing a leafy bed. Orphaned chimps show evidence of clinical depression, and will sometimes be adopted by an older sibling.

Play is essential to humans and chimpanzees: it’s the way we learn skills and behavior that we in turn pass on. In other words, this is culture. Humans and chimpanzees don’t just pass on things through our genes: we also pass things on by showing and learning and showing again in our turn.

Chimpanzees have emotions and express them. They have a sense of self: unlike your dog, they recognize their reflection in a mirror. Its clear chimpanzees know mental as well as physical pain. On what grounds, then, would you deny them the right not to be enslaved or imprisoned?

The moral philosopher Peter Singer suggested human history shows an ever-expanding circle of moral concern. At one stage, people from another tribe were outside that circle.

In recent times, women, as well as people of other races and religions, were excluded from the circle, but now they are all accepted inside most societies in the developed world. The next stage is the beginnings of acceptance of non-human animals into the circle.

Singer uses the term ‘speciesism’. It is the same idea as racism and sexism: the denial of rights and moral concern to a group for no reason beyond the personal convenience of others.

This judgment in New York is a small but meaningful strike against speciesism. Perhaps in time it will acquire the significance of the Slavery Abolition Act in 1833 or the Equal Pay Act of 1970.

No one will expect change to come with any itching hurry, but it seems that the beginning of change is out there blowing in the wind.

Last week, a revolutionary decision was made in a U.S. court: chimpanzees were acknowledged to have rights of their own. Above Kenuzy, a chimpanzee from Los Angeles, appears to laugh.




A similar project involving a chimpanzee called Nim Chimpsky failed to teach the animal how to sign language.

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The Question of Whether Only Human Beings Deserve Human Rights: Chimpanzees Get a Day in Court


A year after the starting fight for legal personhood for the research chimpanzees Hercules and Leo, the apes and their lawyers got their day in court. At a hearing in Manhattan on Wednesday, a judge heard arguments in the landmark lawsuit against Stony Brook University, with a decision expected later this summer. At stake: the question of whether only human beings deserve human rights.

A decision could set a precedent for challenging, under human law, the captivity of other chimpanzees—and perhaps other species. It’s a radical notion, and many legal experts doubted whether the lawsuit, one of several filed late in 2013 by the Nonhuman Rights Project, would ever reach court.

But Justice Barbara Jaffe decided to consider the arguments. “The law evolves according to new discoveries and social mores,” she said while presiding over the hearing. “Isn’t it incumbent on judiciaries to at least consider whether a class of beings may be granted a right?”

Jaffe posed that question to New York assistant attorney general Christopher Coulston, who represented the university, where the two chimps are housed. Coulston had argued that Jaffe was bound by the previous decisions of two appellate courts, which had ruled that other Nonhuman Rights Project chimps didn’t qualify for habeas corpus, the legal principle that protects people from illegal imprisonment.

Both those decisions are controversial. In one, judges decided that habeas corpus didn’t apply because the chimp would be transferred from one form of captivity to another—in this case, a sanctuary. But illegally-held human prisoners have been released to mental hospitals, and juveniles into the care of guardians.

In the other appeals court decision, judges declared that chimps are not legal persons because they can’t fulfill duties to human society. But that rationale arguably denies personhood to young children and mentally incapacitated individuals, as several high-profile legal scholars, including Constitutional law expert Laurence Tribe, pointed out. He filed a brief on behalf of the Nonhuman Rights Project, saying the court “reached its conclusion on the basis of a fundamentally flawed definition of legal personhood.”

In fact, Nonhuman Rights Project attorney Steven Wise argued, New York law only requires judges to follow appeals court decisions involving settled legal principles—which animal personhood is not. That set the stage for the pivotal question: What is the basis of legal personhood? Wise said it’s rooted in the tremendous value placed by American society and New York law on liberty, which is synonymous with autonomy. “The purpose of the writ of habeas corpus isn’t to protect a human being,” he said. “It’s to protect autonomy.”

By that standard, Wise said, chimpanzees qualify. “Chimps are autonomous and self-determined beings. They are not governed by instinct,” he said. “They are self-conscious. They have language, they have mathematics, they have material and social culture. They are the kinds of beings who can remember the past and plan for the future.” In a human, argued Wise, those capacities are grounds for the right to be free.

Coulston marshalled an argument elsewhere made by Richard Posner, a legal theorist and federal appeals court judge who has written that legal rights and personhood were designed with only humans in mind. “Those rights evolved in relation to human interests,” Coulston said. “I worry about the diminishment of those rights in some way if we expand them beyond human beings.”

The cognitive capacities of chimpanzees have been compared to 5-year-old humans, said Coulston; how would the legal system handle animals with minds comparable to a 3-year-old, or a 1-year-old? “This becomes a question of where we’re going,” he said, with chimp personhood opening the floodgates to lawsuits on behalf of animals in zoos or on farms, or even pets. “The great writ is for human beings,” he said, “and I think it should stay there.”

Wise countered by saying that denying freedom to an autonomous being is itself a diminishment; it could even come back to bite us, serving as rationale for limiting human freedom. He described the slippery slope as a separate issue. Freedom—or at least sanctuary—for Hercules and Leo is something to debate on its own merits, just as rights for any potentially deserving human should be considered without regard for social inconvenience.

It is true, though, that success could lead to personhood claims on behalf of other chimps, as well as other great apes, orcas and also elephants, for whom the Nonhuman Rights Project is now preparing a case. More than a third of Americans now support rights for animals.

Win or lose, Wise said at a press conference following the trial, the hearing itself was a victory. “Many human beings have these kinds of hearings,” he said. Chimpanzees “are now being treated like all the other autonomous beings of this world.” Whether they’ll continue to get that treatment will be up to Justice Jaffe. Or, more likely, whoever hears the almost inevitable appeal of her decision.
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