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Argentine Court Rules Orangutan Is a "Non-Human Person"

First time accepted submitter Andrio writes In an unprecedented decision, an Argentine court has ruled that the Sumatran orangutan 'Sandra', who has spent 20 years at the zoo in Argentina's capital Buenos Aires, should be recognized as a person with a right to freedom. The ruling, signed by the judges unanimously, would see Sandra freed from captivity and transferred to a nature sanctuary in Brazil after a court recognized the primate as a "non-human person" which has some basic human rights. The Buenos Aires zoo has 10 working days to seek an appeal." A similar case involving chimpanzees failed to provide "non-human person" status here in the U.S. earlier this month.

30 of 187 comments (clear)

  1. Monkey Business by MagickalMyst · · Score: 2

    It's official:

    Monkeys now have more rights than 21st century American citizens.

    --
    Political correctness is really just herd psychology pushed by insecure people who desperately seek social conformity.
    1. Re:Monkey Business by digsbo · · Score: 5, Funny

      Sure they do. We live under an oligarchy, while they live under a (wait for it) .... BANANA REPUBLIC.

    2. Re:Monkey Business by jedidiah · · Score: 5, Insightful

      This leads to an obvious followup question...

      If this ape is a person then who is responsible for his care and feeding? Normally, an adult person is responsible for their own care and feeding including any required payment.

      Will he be on the dole? Will he manage his own money? Will he do his own grocery shopping and cooking? Will he have a lease? Does he know he's supposed to use the toilet? Can he use the toilet? Can he manage putting on his own diapers if not?

      Is this ape going to get a job? Or will it still remain effectively a sub-human in a different type of cage?

      It looks like not much really changed here...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    3. Re:Monkey Business by jedidiah · · Score: 3, Informative

      She's still just an inmate. She's still being held against her will and being treated as a sub-human. The conditions might not even be that much better.

      That all boils down to how primitive zoos are in Brazil.

      Even if she were due some "big fat settlement" in a manner similar to a wrongfully convicted criminal, she still is in no position to manage it. Trying to pretend that she's a person really doesn't change this.

      She has had no say in this process.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Monkey Business by Jeremi · · Score: 2

      Is this ape going to get a job? Or will it still remain effectively a sub-human in a different type of cage?

      It looks like not much really changed here...

      It looks like what will change is that the orangutan will live in a wildlife sanctuary rather than in a zoo.

      Whether that is significant or not depends on the difference in quality-of-life (for an orangutan) between living in a cage (or small zoo enclosure) vs living in a larger outdoor environment. I'd imagine that the orangutan's quality of life will improve significantly, but that's only a layman's guess since I don't claim any expertise on orangutans. I suppose the test would be to give the orangutan the option of either lifestyle, and see which one she seems to prefer.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    5. Re:Monkey Business by MagickalMyst · · Score: 2

      >"Will he be on the dole? Will he manage his own money? Will he do his own grocery shopping and cooking? Will he have a lease? >Does he know he's supposed to use the toilet? Can he use the toilet? Can he manage putting on his own diapers if not?"

      If they can find a way to legally tax him, then the answer is "yes" to all of the above.

      The logistics will be worked out later.

      --
      Political correctness is really just herd psychology pushed by insecure people who desperately seek social conformity.
    6. Re:Monkey Business by bluefoxlucid · · Score: 4, Funny

      I'm not a Democrat. I'm a Banana Republican.

    7. Re:Monkey Business by itzly · · Score: 2, Insightful

      Flesh eating bacteria were also doing fine before humans came along, so next time one starts eating on your leg, we'll just respect it as a person, and leave it there.

    8. Re:Monkey Business by Culture20 · · Score: 4, Funny

      If this ape is a person then who is responsible for his care and feeding? Normally, an adult person is responsible for their own care and feeding including any required payment.

      Will he be on the dole?

      Dole, Chiquita. Any brand would work really.

    9. Re:Monkey Business by Darinbob · · Score: 3, Insightful

      But the orangutan does not get to choose. There is no freedom involved here, just the decision about which group of humans gets to dicate its life.

    10. Re:Monkey Business by JasonGoatcher · · Score: 2

      Funny thing is I feel the same way about liberals.

    11. Re:Monkey Business by digsbo · · Score: 2

      The people who supported freedom AND called themselves liberals died a long time ago. Modern "liberals", i.e. progressives, pretty much want to dictate how people live just as much as modern day neoconservatives. They just want some different behaviors emphasized.

  2. Argentina has truly earned the title by digsbo · · Score: 2

    Argentina has truly earned the title "Banana Republic".

  3. That seems strange by nedlohs · · Score: 2, Insightful

    Deporting her to a country she has never been in seems a strange thing to do. Don't people complain when you do that to human people - deporting people who have only ever lived in whatever country their parent illegally migrated to. Heck it's not even the "native" country of the species in question...

    So surely just set her free into the streets of whatever city the zoo is in.

    1. Re:That seems strange by angelbar · · Score: 2

      Maybe the resolution its for "take care of" this non-human person more than "get its own decisions"

      --
      -no sig today-
    2. Re:That seems strange by swb · · Score: 4, Insightful

      I think there's probably a reasonable argument to be made that a move to a foreign location, even one nominally more "native" than a zoo, is a definite hardship on an animal who has become habituated to a specific environment.

      Now, if the "zoo" in question is a 10x10 concrete room with bars, then maybe the quality of life in a larger and more natural (in the sense of less confinement and concrete) environment is worth a temporary disruption.

      But what about zoos that give primates large, outdoor spaces with natural accommodations like ponds, trees, shelter and primate experts who ensure their physical health and mental stimulation? A "natural" environment may be at best an equal trade and in some instances worse if it comes with a change in the fellow-species population (change in social status, loss of familiar animals or mates, etc).

      I'm not always sure that "natural" spaces really are as natural as their made out to be unless it means putting the animal back in its native environment -- sure, their animals but they can become as habituated to a captive lifestyle as any animal. My dog may love to run free outside, but he seems pretty well adapted to sleeping on the couch and probably wouldn't like being made to live outdoors 24x7 after living his life indoors.

  4. Re:swingers by Chris+Mattern · · Score: 2

    Time for another scopes monkey trial!

    Oh, I don't think that's a good idea. Do you have any idea how hard it is to even *get* monkeys to use mouthwash?

  5. An interesting point is by azav · · Score: 3, Interesting

    That an orangutan will not try to eat you. Chimps can and will.

    If these creatures get legal self identity, then are they also legally required to obey our laws?

    --
    - Zav - Imagine a Beowulf cluster of insensitive clods...
    1. Re:An interesting point is by shutdown+-p+now · · Score: 2

      If these creatures get legal self identity, then are they also legally required to obey our laws?

      I thought about it as well, but now I think there might be precedent for a kind of a special status there. Think about those uncontacted Amazonian tribes - they're definitely considered human, and if you were to kill one of them you'd be charged with murder, but I'm pretty sure that those tribes don't know or care about e.g. Brazilian laws, and they are not actually enforced against them. I do wonder how they word that in law, though.

    2. Re:An interesting point is by AmiMoJo · · Score: 2

      There are human beings with severe learning difficulties who have a similar legal status. They have basic rights but can't, for example, enter contracts or be held accountable for certain illegal actions that they cannot comprehend. Others make important decisions for them because they are incapable of doing so.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  6. Re:Slashdot sociopaths... by jedidiah · · Score: 2

    What suffering? If it's a modern zoo then they were doing everything they could to make this animal feel as comfortable as possible. The lack of gawkers might be a bit of an improvement. However, the do-gooders really only traded one guilded cage for another one.

    The creature in question has no real legal rights or self-determination in either case.

    This creature has just had one master traded for another. Beyond the sensationalist headline, this situation is really indistinguishable from a sales transaction.

    This ape is still being treated as someone's property. Except it's now some class of person. Great precedent there.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  7. Re:Us, not them by The+Grim+Reefer · · Score: 2

    How we treat animals, children, and people "weaker" than ourselves says a lot more about *our* humanity than theirs.Â

    Please do enlighten us about the humanity of animals.

  8. In the US they picked the wrong chimp by VernonNemitz · · Score: 4, Interesting

    Look up "Washoe". Being able to communicate, even if only by sign language, is important. The average chimp doesn't communicate much better than other ordinary animals, like dogs. And humans can fail to be communicative, look up "feral child". The point here is that humans are naturally prejudiced in favor of themselves, thinking that characteristics associated with personhood (like communicative-ness) are automatically/naturally associated with biological growth. But the fact is (at least here on Earth), communicative-ness at the person-class level is a result of Nurture, not Nature. As a result, if certain other organisms also receive appropriate Nurture (like Washoe did), then those organisms are as likely as a human to qualify for personhood. So now look up Koko the Gorilla and Chantek the Orangutan. Equally logically, any organisms that don't receive appropriate Nurture, including humans, are going to qualify more as ordinary animals than as persons. (The default Natural condition, per biological development only, for a human is to be just a clever animal.)

    1. Re:In the US they picked the wrong chimp by pubwvj · · Score: 2

      "The average chimp doesn't communicate much better than other ordinary animals, like dogs"

      While a lot of research was done with chips and apes on communication what is not widely known by your average Joe is that many other species also communicate quite well too. We have a large multi-generational pack of livestock working dogs on our farm. They have their own language, they use some English words, since we speak English, and they use quite a few sign language words with us as well. We understand some of their language as well as the signs and English they use with us. They also use some of the English and signs with each other an they teach these words and signs to their offspring passing it on generation to generation. They have names for each other and for us. That is communications, intelligence and smarts. They can also do some basic math such as counting, adding, subtracting, more, less, equals, etc and have long memories.

  9. Re:The real problem... by CrimsonAvenger · · Score: 4, Insightful

    is not whether or not animals are persons, but whether or not we can give ourselves every rights to subdue, restrain, decide of the life or death, and/or mutilation (commonly known as "fixing") of other living being.

    Of course we can!

    Possibility the First: God exists, and gave Man dominion over the Earth and everything in it. Check, we can do what we like.

    Possibility the Second: God doesn't exist, we're just another animal. Therefore we can do what we like to the lesser animals, because, after all, we're just another Top-of-the-Food-Chain predator, eh?

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  10. But an unborn baby is not a person. Riiiiiight... by PseudoCoder · · Score: 2, Interesting

    Wondering; what are these "basic human rights" that actual human babies are denied at the rate of 50 million a year?

    Take for example the right to freedom. Nobody has to take care of the orangutan for it to exercise this right. But for a baby to exercise its right to freedom, it has to be nurtured for around 18 years or so, and that's much too inconvenient. It takes work and selfless sacrifice, both of which suck. (Speaking as a parent of one, and another on the way)

    So how exactly does this make us more compassionate people? When we're willing to free a monkey because it's easy, and prefer to to stop a human heart because keeping it alive is harder?

    --
    "Now, I doubt any of you would prefer a rolled up newspaper as a weapon against a dictator or a criminal intruder."
  11. The ape is a "Non human person" by jd2112 · · Score: 2

    So it's a corporation?

    --
    Any insufficiently advanced magic is indistinguishable from technology.
  12. Re:The real problem... by spyfrog · · Score: 2

    No, the reason you can't do this to other humans is because that would work extremely bad in a civilization. You simply have to have some rules - like not murdering each other, not selling each other as slaves etc. Or the society would break down.

  13. Re:But an unborn baby is not a person. Riiiiiight. by Anonymous Coward · · Score: 2, Insightful

    Because when a fetus is in a women's body it is part of her body. And she can do what she wants to her body. End of story.

    These are two completely different subjects and you're really reaching here to tie this into abortion law.

  14. Re:Slashdot sociopaths... by Jason+Levine · · Score: 2

    Most zoos nowadays (at least the ones I've visited) don't have the animals just sitting in metal cages for people to gawk at. The animals have mini-habitats to roam through, have appropriate items to play with, and food to eat. They have medical care (sometimes better than humans get). Yes, they don't have the freedom to roam that animals in the wild have, but they trade that off for freedom from predators.

    Besides, zoos often help support efforts to conserve species and people like protecting animals they've seen. If you see a rhino and then hear there are only a thousand left because they are being hunted for their horns, you might kick in some dollars to a conservation effort. If the zoo simply had a poster of a rhino, you wouldn't be likely to donate anything at all.

    As to whether I'd like to live my life how zoo animals live theirs? I'm not sure. I'm not going to pretend that zoo-life is completely idyllic, but it also isn't horribly abusive anymore. (At least not in modern zoos. If there's an "old timey animals in metal cage" sort of zoo, get the animals out of there now.)

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.