Chimpanzees cannot be recognised as a "legal person", rules a U.S. Court

A chimpanzee is not entitled to the same rights as people and does not have be freed from captivity by its owner, a US court has ruled.

 

A chimpanzee is not entitled to the rights of a human and does not have to be freed by its owner, a New York appeals court ruled on Thursday.  The Appellate Division panel  was unanimous in denying "legal personhood'' to Tommy, the chimp, which lives alone in a cage. 

In October, attorney Steven Wise, representing the Nonhuman Rights Project, filed a suit alleging that a privately owned chimpanzee named Tommy was unlawfully imprisoned in New York, and should be transferred to a sanctuary in Florida. Wise argued that chimpanzees, having shown self-awareness, intelligence and empathy, are close enough kin to humans as to deserve some rights.

 

The Trial court dismissed the suit filed by the Nonhuman Rights Project's seeking to have Tommy released. The group's lawyer, Steven Wise, contended before the Appellate Division panel that the chimp's living conditions are akin to a person in unlawful solitary confinement. Wise argued that animals with human qualities, such as chimps, deserve basic rights, including freedom from imprisonment. 

But the Appellate Division panel said there is no precedent for treating animals as persons and no legal basis.

"So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties," the judges wrote. "Needless to say, unlike human beings, chimpanzees cannot bear any legal duties, submit to societal responsibilities or be held legally accountable for their actions. In our view, it is this incapability to bear any legal responsibilities and societal duties that renders it inappropriate to confer upon chimpanzees the legal rights – such as the fundamental right to liberty protected by the writ of habeas corpus – that have been afforded to human beings." 

“To be sure, some humans are less able to bear legal duties or responsibilities than others. These differences do not alter our analysis, as it is undeniable that, collectively, human beings possess the unique ability to bear legal responsibility,”

Judge Karen Peters said, writing the judgment

Tommy, believed to be about 40 years old, is a former entertainment chimp who was placed with its owner,Patrick Lavery about 10 years ago. Lavery said Tommy is cared for under strict state and federal license rules and inspections.

On facts, the Court found that there have been no claims that Tommy has been mistreated or any of those rules have been violated.