A New York appeals court ruled Thursday that a chimpanzee is not entitled to human rights, the .聽The court denied legal personhood to a Fulton County chimp and excused his owners from releasing him from caged isolation in a warehouse.
The 聽filed cases in December 2013 in favor of the release of former entertainment chimp Tommy and three other New York chimps, noting a growing body of research showing similarities between chimps and humans. After Tommy鈥檚 lawyers lost in court, they appealed on grounds that Tommy lives in 鈥渟olitary confinement,鈥澛. If defined as a 鈥減erson,鈥 Tommy would be permitted protections under the writ of habeas corpus and have the right not to be wrongfully imprisoned.聽
The three-judge panel鈥檚 ruling concluded that Tommy still doesn鈥檛 qualify as a 鈥減erson鈥 in the context of habeas corpus law, based on a lack of precedent. In addition, the court discussed the other side of personhood: duties.
鈥淭he ascription of rights has historically been connected with the imposition of societal obligations and duties,鈥 the . 鈥淣eedless 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 鈥 that have been afforded to human beings.鈥
鈥淚 just couldn鈥檛 picture any court granting habeas corpus for an animal,鈥 Tommy鈥檚 owner, Patrick Lavery, told the Associated Press. 鈥淚f it works for one animal, it works for all animals. It would open a can of worms.鈥 The judges noted that the Nonhuman Rights Project didn鈥檛 claim Tommy was being mistreated.
However, the judges note that their ruling doesn鈥檛 鈥渓eave [animals] defenseless,鈥 citing legal protections such as prohibition of animal torture and abandonment; it also encourages the Nonhuman Rights Project to seek further legal protections for chimpanzees in different ways.
The Nonhuman Rights Project plans to appeal the appeal ruling.