Animal Rights
Displaying 181 - 190 of 253
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| People ex rel. Nonhuman Rights Project, Inc. v. Lavery | This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." |
| Philosophy and Animals | |
| Pometti, Hugo c/ Provincia de Mendoza s/ acción de amparo | This is an action of protection or "accion de amparo” filed by Hugo Edgardo Pometti against the Province of Mendoza in The Court of Associated Judicial Management No. 2 of Mendoza. The Petitioner sought to stop the transfer of the chimpanzee Cecilia to the sanctuary located in Brazil and to keep her in the Zoo of Mendoza in order to preserve the natural and cultural heritage and the biological diversity. The petitioner also requested a precautionary action to not transfer the chimpanzee until decision on the the action of amparo was issued. |
| Proposal for the Introduction of the Protection of Animals in the Constitution of the Portuguese Republic |
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| Proposed Fundraising Bills in Oklahoma and Missouri Would Unconstitutionally Target Animal Rights Charities | Two proposed state bills out of Oklahoma and Missouri would prohibit an “animal rights charitable organization” from soliciting contributions in-state intended for either out-of-state use or “political purposes.” It is worthwhile to examine the bills and the factual context out of which they arose because of the important constitutional rights that they implicate and the potential chilling effect of this sort of legislation on the ability of nonprofits to advocate for their causes. While today it is “animal rights” groups under attack—by way of the bills discussed herein and other legislation such as so-called “ag-gag” bills, which suffer from some of the same constitutional deficiencies—it is not difficult to imagine scenarios in which other nonprofit groups with a viewpoint unwelcome to a legislature, or to powerful private interests, could be similarly targeted. |
| Protection for the Powerless: Political Economy History Lessons for the Animal Welfare Movement | |
| PROTECTION OF ANIMALS THROUGH HUMAN RIGHTS | This paper discusses the potential of a human rights framework to contribute to the growth and development of global animal law. Parts one and two of the essay take as their example the jurisprudence of the European Court of Human Rights, and examine the major trends in the Court’s judgments and admissibility decisions that directly or indirectly concern the rights or welfare of animals. It is concluded that the Court is not indifferent to the welfare of animals, but that animal welfare is instrumentalised: it is understood not as a good in itself, but is instead valued for its implications for human welfare and rights. Part three of the essay then considers the obstacles that the anthropocentrism of the human rights idea and the instrumentalisation of animal concerns present to the use of human rights frameworks to further the development of global animal law, as well as the opportunities that exist in the meeting of these paradigms. It concludes that although the telos of human rights law is different from that of animal law, nevertheless there exist many overlapping concerns within which mutually beneficial interactions are possible. |
| Protocol on Animal Welfare Under Amsterdam Treaty |
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| PROTOCOLO RELATIVO À PROTECÇÃO E AO BEM-ESTAR DOS ANIMAIS |
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| QUATTROCCHIO WANDA S/ MALTRATO ANIMAL | This is an animal cruelty case in which Wanda Quattrochio witnessed the defendant whipping the neighbor's dogs. Wanda recorded the events and filed a complaint about animal cruelty. The defendant was in charge of caring for the dogs while their owner was away. When the authorities arrived at the house to seize the dogs, they found six dogs in small dirty kennels, with unclean water and without food. After considering the testimony of witnesses and other evidence, the judge concluded that the defendant had violated articles 1-3 of the anti-cruelty law (Ley 14.346) and was found guilty of animal cruelty. In her analysis of the case, the judge stated that animals were not things or resources but rather living beings with the potential to be "subjects of life." |