Great ape personhood is a movement to extend personhood and some legal protections to the non-human members of the great ape family: bonobos, chimpanzees, gorillas, and orangutans. [1] [2] [3]
Advocates include primatologists Jane Goodall and Dawn Prince-Hughes, evolutionary biologist Richard Dawkins, philosophers Paola Cavalieri and Peter Singer, and legal scholar Steven Wise. [4] [5]
On February 28, 2007, the parliament of the Balearic Islands, an autonomous community of Spain, passed the world's first legislation that would effectively grant legal personhood rights to all great apes. [6] The act sent ripples across Spain, producing public support for the rights of great apes. On June 25, 2008 a parliamentary committee set forth resolutions urging Spain to grant the primates the right to life and liberty. If approved "it will ban harmful experiments on apes and make keeping them for circuses, television commercials, or filming illegal under Spain's penal code." [7]
These precedents followed years of European legal efforts. In 1992, Switzerland amended its constitution to recognize animals as beings and not things. [8] However, in 1999 the Swiss constitution was completely rewritten. A decade later, Germany guaranteed rights to animals in a 2002 constitutional amendment, the first European Union member to do so. [8] [9] [10]
New Zealand created specific legal protections for five great ape species in 1999. [11] The use of gorillas, chimpanzees and orangutans in research, testing or teaching is limited to activities intended to benefit these animals or its species. A New Zealand animal protection group later argued the restrictions conferred weak legal rights. [12]
Several European countries (including Austria, the Netherlands and Sweden) have completely banned the use of great apes in animal testing. [13] Austria was the first country to ban experimentation on lesser apes. Under EU Directive 2010/63/EU, the entire European Union banned great ape experimentation in 2013.
Argentina granted a captive orangutan basic rights in late 2014. [14]
On April 20, 2015, Justice Barbara Jaffe of New York State Supreme Court ordered a writ of habeas corpus to two captive chimpanzees [15] [ unreliable source ] but the next day the ruling was amended to strike the words "writ of habeas corpus". [16] [17] [18]
Well-known advocates include primatologist Jane Goodall, who was appointed a goodwill ambassador for the United Nations to fight the bushmeat trade and end ape extinction; Richard Dawkins, former Professor for the Public Understanding of Science at Oxford University; Peter Singer, professor of philosophy at Princeton University; and attorney and former Harvard professor Steven Wise, founder and president of the Nonhuman Rights Project (NhRP), whose aim is to use U.S. common law on a state-by-state basis to achieve recognition of legal personhood for great apes and other self-aware, autonomous non-human animals. All advocate for great ape personhood. [4] [19] [ unreliable source ]
In December 2013, the NhRP filed three lawsuits on behalf of four chimpanzees being held in captivity in New York State, arguing that they should be recognized as legal persons with the fundamental right to bodily liberty (i.e. not to be held in captivity) and that they are entitled to common law writs of habeas corpus and should be immediately freed and moved to sanctuaries. [20] All three petitions for writs of habeas corpus were denied, allowing for the right to appeal. The NhRP is in the process of appealing all three decisions. [21]
Goodall's longitudinal studies revealed the social and family life of chimps to be similar to those of human beings. She herself calls them individuals, and says they relate to her as an individual member of the clan. Laboratory studies of ape language ability began to reveal other human traits, as did genetics, and eventually three of the great apes were reclassified as hominids.
Other studies, such as one done by Beran and Evans, [22] indicate other qualities that humans share with non-human primates, namely the ability to self-control. In order for chimpanzees to control their impulsivity, they use self-distraction techniques similar to those that are used by children. Great apes also exhibited ability to plan as well as project "oneself into the future", known as the process of mental time travel. Such complicated tasks require self-awareness, which great apes appear to possess: "the capacity that contribute to the ability to delay gratification, since a self-aware individual may be able to imagine future states of the self". [23]
This, alongside the increasing risk of great ape extinction, had led the animal rights movement to put pressure on nations to recognize apes as having limited rights and being legal "persons." In response, the United Kingdom introduced a ban on research using great apes, although testing on other primates has not been limited. [24]
Writer and lecturer Thomas Rose argues that granting legal rights to non-humans is nothing new. He points out that in most of the world, "corporations are recognized as legal persons and are granted many of the same rights humans enjoy, the right to sue, to vote and to freedom of speech." [6] Dawn Prince-Hughes has written that great apes meet the commonly accepted standards for personhood: "self-awareness; comprehension of past, present, and future; the ability to understand complex rules and their consequences on emotional levels; the ability to choose to risk those consequences, a capacity for empathy, and the ability to think abstractly." [25]
Gary Francione questions the concept of granting personhood on the basis of whether the animal is human-like (as some have argued) and believes sentience should be the sole criteria used to determine if an animal should enjoy basic rights. Several other animals, including mice and rats, should also be granted such rights, he asserts. [26]
Depending on the exact wording of any proposed or adopted declaration, personhood for the great apes raises questions concerning protections and obligations under national and international laws including:
The chimpanzee, or simply known as the chimp, is a species of great ape native to the forests and savannahs of tropical Africa. It has four confirmed subspecies and a fifth proposed one. When its close relative the bonobo was more commonly known as the pygmy chimpanzee, this species was often called the common chimpanzee or the robust chimpanzee. The chimpanzee and the bonobo are the only species in the genus Pan. Evidence from fossils and DNA sequencing shows that Pan is a sister taxon to the human lineage and is thus humans' closest living relative. The chimpanzee is covered in coarse black hair, but has a bare face, fingers, toes, palms of the hands, and soles of the feet. It is larger and more robust than the bonobo, weighing 40–70 kg (88–154 lb) for males and 27–50 kg (60–110 lb) for females and standing 150 cm.
Apes are a clade of Old World simians native to sub-Saharan Africa and Southeast Asia, which together with its sister group Cercopithecidae form the catarrhine clade, cladistically making them monkeys. Apes do not have tails due to a mutation of the TBXT gene. In traditional and non-scientific use, the term ape can include tailless primates taxonomically considered Cercopithecidae, and is thus not equivalent to the scientific taxon Hominoidea. There are two extant branches of the superfamily Hominoidea: the gibbons, or lesser apes; and the hominids, or great apes.
Washoe was a female common chimpanzee who was the first non-human to learn to communicate using American Sign Language (ASL) as part of an animal research experiment on animal language acquisition.
The Great Ape Project (GAP), founded in 1993, is an international organization of primatologists, anthropologists, ethicists, and others who advocate a United Nations Declaration of the Rights of Great Apes that would confer basic legal rights on non-human great apes: bonobos, chimpanzees, gorillas and orangutans.
Steven M. Wise was an American lawyer and legal scholar who specialized in animal rights, primatology, and animal intelligence. He taught animal rights law at Harvard Law School, Vermont Law School, John Marshall Law School, Lewis & Clark Law School, Tufts University School of Veterinary Medicine, and at the Master’s in Animal Law and Society of the Autonomous University of Barcelona. He was a former president of the Animal Legal Defense Fund and founder and president of the Nonhuman Rights Project. The Yale Law Journal had called him "one of the pistons of the animal rights movement."
Chantek, born at the Yerkes National Primate Research Center in Atlanta, Georgia, was a male hybrid Sumatran/Bornean orangutan who acquired the use of a number of intellectual skills, including American Sign Language (ASL), taught by American anthropologists Lyn Miles and Ann Southcombe. In Malay and Indonesian, cantik means "lovely" or "beautiful".
The Hominini form a taxonomic tribe of the subfamily Homininae ("hominines"). Hominini includes the extant genera Homo (humans) and Pan and in standard usage excludes the genus Gorilla (gorillas).
This is a list of countries banning non-human ape experimentation. The term non-human ape here refers to all members of the superfamily Hominoidea, excluding Homo sapiens. Banning in this case refers to the enactment of formal decrees prohibiting experimentation on non-human apes, though often with exceptions for extreme scenarios.
The Primate Freedom Project is a 501(c)(3) not-for-profit grassroots animal rights organization based in Atlanta, Georgia. It is dedicated to ending the use of nonhuman primates in biomedical and harmful behavioral experimentation.
Experiments involving non-human primates (NHPs) include toxicity testing for medical and non-medical substances; studies of infectious disease, such as HIV and hepatitis; neurological studies; behavior and cognition; reproduction; genetics; and xenotransplantation. Around 65,000 NHPs are used every year in the United States, and around 7,000 across the European Union. Most are purpose-bred, while some are caught in the wild.
Roger S. Fouts is a retired American primate researcher. He was co-founder and co-director of the Chimpanzee and Human Communication Institute (CHCI) in Washington, and a professor of psychology at the Central Washington University. He is best known for his role in teaching Washoe the chimpanzee to communicate using a set of signs taken from American sign language.
The Hominidae, whose members are known as the great apes or hominids, are a taxonomic family of primates that includes eight extant species in four genera: Pongo ; Gorilla ; Pan ; and Homo, of which only modern humans remain.
Primate cognition is the study of the intellectual and behavioral skills of non-human primates, particularly in the fields of psychology, behavioral biology, primatology, and anthropology.
The Center for Great Apes is a sanctuary for great apes located east of Wauchula, Florida. Its mission is to provide a permanent sanctuary for orangutans and chimpanzees who have been rescued or retired from the entertainment industry, from research, or from the exotic pet trade; to educate the public about captive great apes and the threats to conservation of great apes in the wild; and to advocate for the end of the use of great apes as entertainers, research subjects, and pets.
Certain extant strepsirrhines and hominid apes build nests for both sleeping and raising families. Hominid apes build nests for sleeping at night, and in some species, for sleeping during the day. Nest-building by hominid apes is learned by infants watching the mother and others in the group, and is considered tool use rather than animal architecture. Old World monkeys and New World monkeys do not nest.
Personhood is the status of being a person. Defining personhood is a controversial topic in philosophy and law and is closely tied with legal and political concepts of citizenship, equality, and liberty. According to law, only a legal person has rights, protections, privileges, responsibilities, and legal liability.
The Nonhuman Rights Project (NhRP) is an American nonprofit animal rights organization seeking to change the legal status of at least some nonhuman animals from that of property to that of persons, with a goal of securing rights to bodily liberty and bodily integrity. The organization works largely through state-by-state litigation in what it determines to be the most appropriate common law jurisdictions and bases its arguments on existing scientific evidence concerning self-awareness and autonomy in nonhuman animals. Its sustained strategic litigation campaign has been developed primarily by a team of attorneys, legal experts, and volunteer law students who have conducted extensive research into relevant legal precedents. The NhRP filed its first lawsuits in December 2013 on behalf of four chimpanzees held in captivity in New York State. In late 2014, NhRP President Steven Wise and Executive Director Natalie Prosin announced in the Global Journal of Animal Law that the Nonhuman Rights Project was expanding its work into other countries, beginning in Switzerland, Argentina, England, Spain, Portugal, and Australia.
Sandra is an orangutan, currently living in the Center for Great Apes in Florida after being moved from the Buenos Aires Zoo in 2019. Sandra is a zoo-born, hybrid orangutan of the two separate species of Borneo and Sumatra orangutans. In Germany, Sandra, then called Marisa, was transferred to a second zoo in Germany (Ruhr-Zoo), then transferred to Argentina on September 17, 1994. At the Buenos Aires Zoo, the name of the orangutan was changed to Sandra.
International Primate Day, September 1, is an annual educational observance event organized since 2005 largely by British-based Animal Defenders International (ADI) and supported annually by various primate-oriented advocacy organizations, speaks for all higher and lower primates, typically endorsing humane agendas where primates are at risk, as in research institutions or species endangerment in precarious environmental situations.
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