Happy New Year, readers! Like you, I am hoping for a year of progress for all nonhuman animals. It will be momentous for at least one reason: This year, the Nonhuman Rights Project (NhRP) will go to court to establish legal personhood for someone of another species – an elephant, dolphin or whale, chimpanzee or other great ape. And Kimmela continues to work closely with the NhRP to provide the scientific evidence and expertise crucial to their legal arguments that will bring one of these individuals to “legal life,” as NhRP President Steve Wise describes it.
Only after you’re recognized by the courts as being a “legal person” can you have the capacity to possess such fundamental rights as bodily integrity and bodily liberty. So let’s take a look at what it would mean for a nonhuman animal to be recognized as a person, and at what we mean by the right to bodily integrity and bodily liberty.
These fundamental rights are immunities against the most basic forms of harm. They include the freedom to live in one’s natural environment and not be captured and/or confined; the right to not be used, manipulated or experimented upon; and, of course, the right to not be killed. Asusbrechunres .
These very fundamental rights would protect first one and then many elephants, dolphins, and great apes (at least in this country) from being exploited and harmed in zoos and circuses, in military exercises, in laboratories, and, of course, in fisheries and slaughters.
Only after you’re recognized by the courts as being a “legal person” can you have the capacity to possess such fundamental rights as bodily integrity and bodily liberty.The concept of legal personhood for nonhumans is so new to many people that they often get confused and think you’re talking about human rights. But human rights are, by definition, for humans. Other animals need to be recognized as having rights that are specific to their species. Experts in personhood often equate rights with basic needs – what we need at a basic level in order to thrive. An elephant, for example, has the basic need, and therefore the right, to live her life as part of a family group in her natural habitat.
But before anyone, human or otherwise, can be recognized as having rights, they have to be recognized legally as a “person” with the capacity for a legal right. And that’s what the NhRP lawsuits will be setting out to accomplish. It’s all about giving other animals what they should have in the first place: a chance to live their lives unburdened by our exploitation. Such a small thing is such a big thing for them.
It seems so obvious to most of us that all animals have the need, and therefore the right, to live their lives in a natural setting unfettered by human manipulation and abuse. Kimmela’s work with the NhRP focuses on taking the first steps in accomplishing this in relation to those animals for whom the scientific evidence is abundant in terms of their intelligence, emotional sensitivity and social complexity.
This year, 2013, is the beginning of a process that will involve many lawsuits and appeals in courts all across the country. Some we will win and some we will lose. But in every case, the effort will be groundbreaking. And it seems that others agree. According to the magazine Popular Science, the work of the Nonhuman Rights Project will be one of the top science stories of 2013.
Perhaps, in the future, we will look back on this year as having been the year of the nonhuman person. And I wouldn’t be surprised if, sometime down the road, an elephant, dolphin or great ape graces the cover of Time magazine as their Person of the Year!