Should chimps be afforded the same rights as people? A New York judge almost said yes — after signing court papers invoking the writ of habeas corpus for two chimpanzees held at the Stony Brook University for biomedical research.
Justice Barbara Jaffe of the New York State Supreme Court issued the order Monday, requiring Stony Brook University to explain and justify its detainment of the chimpanzees. The writ of habeas corpus is a basic legal principle allowing people to challenge unlawful imprisonment, and applying it to the chimpanzees would grant them status as "legal persons."
Jaffe amended the order Tuesday, saying the primates should not be categorized as human — so the writ does not apply to them. Instead, Jaffe clarified that she is only scheduling a hearing to discuss legalities.
While the Nonhuman Rights Project would have preferred for Hercules and Leo to be afforded the same rights as humans, they still considered Jaffe's decision to grant a hearing a victory.
"[Judge Jaffe] never says explicitly that our non-human plaintiffs were persons but by issuing the order ... she's either saying implicitly that they are or that they certainly can be," said lawyer Steven Wise, adding, "that's the first time that has happened."
The Nonhuman Rights Project is arguing that chimpanzees are intelligent, autonomous creatures, so keeping them captive should be considered unlawful imprisonment. In the case of Hercules and Leo – who are being used in medical experiments at the Long Island-based university – the advocacy group want them to be moved to the Save the Chimps sanctuary in Fort Pierce, Florida.
The case was originally dismissed due to a technicality but it was refiled in March, and the hearing has been set for May 6th.
Two other cases have been filed by the Nonhuman Rights Project: one in Niagara Falls for a chimp named Kiko and another in Gloversville for 26-year-old chimp called Tommy. In each case, the courts didn't side with the chimps — saying a sanctuary is just another kind of captivity and that they can't be considered legal persons because they are incapable of fulfilling social responsibilities and other obligations.
Over 2,000 chimpanzees are estimated to be living in the United States, according to advocates for animal rights. Legal experts have been debating whether or not the primates should be considered as legal persons. Concerns over legally assigning personhood to chimpanzees are varied, with some thinking it "would cheapen human personhood" and others believing it would be a slippery slope leading to the same recognition to other animals like mice or chickens.
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Photo: Anthony D'Onofrio | Flickr
