animal abuse, animal rights, chimpanzee, Nonhuman Rights Project, Tierrecht, Tierschutz

Animals and the Law

It is hard to say what needs to be done first to change the plight of animals: change the human behavior by raising awareness or changing laws according to scientifically based research studies indicating that animals are beings, not things.

The Nonhuman Rights Project believes in the law and has gone to court to fight for the rights of two chimpanzees:

“The New York County Supreme Court Justice Barbara Jaffe issued a 33-page decision in the case of the chimpanzees Hercules and Leo. They are being held in captivity in a Stony Brook University laboratory.

Justice Jaffe denied habeas corpus relief to Hercules and Leo only because, as she wrote, “for now” she is bound by the intermediate appellate court decision in Tommy’s case, which we have placed before the Court of Appeals—New York’s highest Court— seeking further review.

As with Tommy’s and Kiko’s cases, the legal battle will continue as our chimpanzee plaintiffs continue to suffer in captivity the way any self-aware, autonomous being would.

What Justice Jaffe’s decision does is allow us to appeal the decision to First Department which, unlike Justice Jaffe, is not bound by the decision of the Third Department in Tommy’s case.

As we work on what will be a prompt appeal of the decision, we’re pleased also to tell you that:

  • One, Justice Jaffe’s decision was thoughtful and comprehensive. We thank her for so carefully examining our arguments and for having granted the historic Order to Show Cause that compelled the Attorney General’s office to appear in court on May 27th to justify Hercules and Leo’s detention at Stony Brook.
  • Two, Justice Jaffe agreed that the NhRP had standing to litigate on behalf of Hercules and Leo. Indeed, she rejected one by one all the procedural barriers the Attorney General of New York attempted to place before her. She also rejected the argument that “opening the floodgates” to lawsuits on behalf of other nonhuman animals (also known as the “slippery slope” argument) was a sufficient reason for denying relief to Hercules and Leo and refused to follow the appellate decision handed down in Kiko’s case (which is also before the Court of Appeals for further review on our request).
  • Three, she concluded her decision on what we see as a sympathetic, positive note: ´Efforts to extend legal rights to chimpanzees are thus understandable; some day they may even succeed.´We encourage you to read the entire decision and share this news with your friends and fellow nonhuman animal advocates.”

You can read more here:

http://www.nonhumanrightsproject.org

Click to access Judge-Jaffes-Decision-7-30-15.pdf

Thank you for spreading the word on animal awareness!

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animal abuse, animal welfare, chimpanzee, legal, Nonhuman Rights Project, Tierrecht, Tierschutz

Animals in Court

What approach to changing how humans treat animals is more effective: appealing to the conscience and hearts of humans not to hurt other beings or changing the laws so that other beings besides humans have the same legal status? Here is a group of lawyers fighting in court for the rights of animals:

“A legal team from the Nonhuman Rights Project argued on their behalf of Hercules and Leo — two chimpanzee plaintiffs wrongly imprisoned inside a SUNY animal experimentation laboratory – in a New York Supreme Court. Here are some of the news reports of Hercules’ and Leo’s historic day in court:

For a general overview of the proceedings, follow this link for a short Fox News TV report.

Wired magazine focuses on the fact that Justice Barbara Jaffe decided to call both sides into court for a hearing at all. It quotes me as telling reporters after the hearing that the fact that she held a full hearing represents a victory in itself. “Many human beings have these kinds of hearings,” I said. “Chimpanzees are now being treated like all the other autonomous beings of this world.”

Wired also takes note of how the judge challenged New York Assistant Attorney General Christopher Coulston’s argument that there’s no precedent for a case like this. It is the very essence of the common law, she said, that it “evolves according to new discoveries and social mores.” And so, she asked, “Isn’t it incumbent on judiciaries to at least consider whether a class of beings may be granted a right?”

The New York Times quotes me telling the court that chimpanzees “are the kinds of beings who can remember the past and plan ahead for the future, which is one of the reasons imprisoning a chimp is at least as bad, and maybe worse, than imprisoning a person.” They are enough like humans that they should have a right to “bodily liberty,” even if other rights, like voting or freedom of religion, are beyond them.

The Guardian also takes up the scientific evidence presented by the Nonhuman Rights Project, citing the voluminous research on “chimpanzee intelligence, emotions and consciousness” and noting that Hercules and Leo are “autonomous and self-determining beings.”

Courthouse News picks up on the parallel that the Nonhuman Rights Project draws between the imprisonment of chimpanzees and human slavery, adding that Coulston “bristled” at the comparison. “This language of animals as slaves is exactly what I’m talking about of the slippery slope,” he said, arguing that the case could open up the possibility of court cases on the rights of zoo animals, farmed animals, and even pets.”

Here are the links to more information:

http://video.foxnews.com/v/4260819425001/should-chimpanzees-have-the-same-legal-rights-as-humans/?playlist_id=921261890001#sp=show-clips

http://www.wired.com/2015/05/chimpanzee-rights-get-day-court/

http://www.nytimes.com/2015/05/28/nyregion/arguing-in-court-whether-2-chimps-have-the-right-to-bodily-liberty.html?_r=0

http://www.theguardian.com/us-news/2015/may/27/chimpanzee-animals-rights-new-york-court

http://www.courthousenews.com/2015/05/27/unprecedented-hearing-on-habeas-for-chimps.htm

http://www.npr.org/sections/thetwo-way/2015/05/27/410058029/research-chimps-get-their-day-in-court-in-new-york

http://www.wsj.com/articles/chimps-get-their-day-in-court-in-n-y-personhood-hearing-1432756362

Thank you for spreading the news on animal awareness!

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