Ongoing Battle For Sentient Animals

Posted on 12 February 2014 by Jerry

Researchers have identified a group of animals that have greater intellectual and emotional faculties, for example human beings, elephants, porpoises, great apes, and a family of birds known as Corvids.  (See Beyond Animal, Ego and Time Chapter 6, Human Uniqueness).  Society tries to protect human beings while some animal activists try to protect these other species, more lately the great apes.

After considerable progress, activists are pleased they’ve all but stopped experimentation on great apes in the U.S.   Recall the National Institute of Health (NIH) ended the use of chimpanzees in NIH funded research laboratories.  It has retired the majority of its 360 chimps used in medical research.  In addition, the U.S. Fish and Wildlife Service has proposed making all wild and domesticated chimpanzees subject to the terms of the Endangered Species Act.  Although skirmishes continue in the U.S. the public pressure remains.

The situation in the European Union (EU) is marked by continuing controversy.  The EU issued a directive regarding medical research using non-human primates like chimpanzees.  While the 2010 EU directive was thought to give balance to the issues of minimum animal welfare, intensity of pain to be inflicted and ended most research involving great apes, it contained a provision that explicitly allowed ongoing research with great apes.  It said that research could continue if researchers could not use any other species of animal.

Activists perceived this was somewhat of a loss with EU governance groups and have now redirected their efforts to the local political level.  The EU directive required member states to enact these rules by the start of 2013.  It also said these states could not ‘gold-plate’ the regulations by making the state’s law stricter than the EU directive.  Activists have delayed adoption of the directive in several states and are getting cities and municipalities to pass new restrictive laws and regulations to defeat the spirit of the directive at the local level.

In addition there is a petition that began to be circulated in the EU in November of 2012 that already has over a million signatures.  These signatures are being validated.  If they prove genuine, the European Commission and Parliament must hold hearings.   This would lead to another round of open and public debate on the issues.

Now another frontier has been opened up in the saga to protect chimps and great apes in the U.S.   A group called the Non Human Rights Project has filed court suits looking to free four chimps from their captivity.  The intent is to acquire “legal personhood” for these animals.  While New York lower courts denied the suits, they are collectively on appeal.

An article entitled Lawsuits Seek ‘Personhood’ for Chimpanzees in the December 2013 issue of Science magazine identifies Boston attorney, Steven Wise, as one of the people leading the charge.   “In 1993, Wise attempted to sue on behalf of a dolphin that had been transferred to a Navy facility, but the judge ruled that, as nonpersons, animals don’t have the legal “standing” to sue.  (More recently, a federal judge dismissed a 2011 lawsuit by People for the Ethical Treatment of Animals when it tried to argue that Sea World had violated the 13th Amendment of the U.S. Constitution by keeping orcas as “slaves.”).”

It is doubtful American courts will grant ‘personhood’ to nonhuman primates anytime soon.  These efforts however, maintain the pressure on society to recognize there are species of animals that are much closer and have similar cognitive and emotional capabilities to humans.  This should lead to greater adoption of laws and regulations that at least create new categories of rules to take their awareness into account.

Use the following links to obtain more information or access the source documents used to prepare this posting.

http://www.nature.com/news/biomedicine-the-changing-face-of-primate-research-1.14645

http://www.sciencemag.org/content/342/6163/1154.summary?sid=3efaff36-1beb-48fc-b483-465cc7f49507

http://www.wired.com/wiredscience/2013/12/chimpanzee-personhood-nonhuman-right/

http://www.scientificamerican.com/article/where-do-nonhuman-mammals-fit-in-our-moral-hierarchy/

http://science.time.com/2013/12/10/courts-say-chimps-arent-people/

 

Leave a Reply

Advertise Here
Advertise Here
January 2018
S M T W T F S
« Feb    
 123456
78910111213
14151617181920
21222324252627
28293031