03 PM | 28 Apr

Animal Rights: Legal Implications [#geekgirl]

[Via The New York Times Magazine] “Under the partial heading “The Nonhuman Rights Project Inc. on behalf of Tommy,” the legal memo and petition included among their 106 pages a detailed account of the “petitioner’s” solitary confinement “in a small, dank, cement cage in a cavernous dark shed”; and a series of nine affidavits gathered from leading primatologists around the world, each one detailing the cognitive capabilities of a being like Tommy, thereby underscoring the physical and psychological ravages he suffers in confinement.

Along with chimps, the Nh.R.P. plans to file similar lawsuits on behalf of other members of the great ape family (bonobos, orangutans and gorillas) as well as dolphins, orcas, belugas, elephants and African gray parrots — all beings with higher-order cognitive abilities. Chimps were chosen as the first clients because of the abundance of research on their cognitive sophistication, and the fact that, at present, there are sanctuaries lined up to take in the plaintiffs should they win their freedom. (There are no such facilities for dolphins or orcas in the United States, and the two preferred sanctuaries for elephants were full.)

“Like humans,” the legal memo reads, “chimpanzees have a concept of their personal past and future . . . they suffer the pain of not being able to fulfill their needs or move around as they wish; [and] they suffer the pain of anticipating never-ending confinement.” What Tommy could never have anticipated, of course, huddled just up the road that morning in his dark, dank cell, was that he was about to make legal history: The first nonhuman primate to ever sue a human captor in an attempt to gain his own freedom.”

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