Our Approach
“Isn’t it incumbent on the judiciary to at least consider whether a class of beings might be granted a right or something short of the right under the habeas corpus law?”Justice Barbara Jaffe
Making the Case for Animal Rights
The law protects the most basic interests of individual humans, but denies nonhuman animals the same guarantees solely because of their species. This runs counter to public values and scientific research affirming that animals are individuals with awareness, feelings, and a capacity to suffer.
Of course, many of the rights humans have, such as the right to vote, may never apply to nonhuman animals. But other rights protect against wrongs that most of us find unacceptable for any species—human or nonhuman—like unlawful confinement or torture. The NhRP believes that animals are entitled to fundamental legal rights to protect them from harm, and we file lawsuits on behalf of our animal clients when those rights are violated.
To overcome the fundamental challenge of persuading the courts to recognize new species of individuals as rightsholders, the NhRP uses sound legal arguments to bring the most compelling cases and pursue strategies most likely to succeed in courts.
Litigation Pathways
Our litigation advances the following three strategic pathways, intentionally pursued in parallel, so progress along one can unlock progress along the others.
Right to Liberty
In 2013, the NhRP made history by filing the world’s first lawsuits demanding the right to liberty for animals protected by the common law of habeas corpus—a centuries-old means of testing the lawfulness of an individual’s imprisonment before a court. From the beginning, our litigation has challenged the wrongful confinement of intelligent, emotionally and socially complex species like chimpanzees and elephants, and has used scientific evidence to support our demands for their right to liberty. Because the common law is uniquely responsive to scientific discovery and evolving public values, it continues to serve as a foundation of our approach.
Access to Justice
Animals cannot petition a court for relief, even when welfare laws exist, because the justice system treats them like “things.” Without access to courts, their rights can’t be enforced. Through our filings, we challenge the outdated, unfair idea that one’s species should determine access to the justice system. Securing access to justice is essential to all our work, allowing us to open court doors that have historically been closed to our animal clients so their claims can be heard and the laws protecting them from harm can be enforced.
Freedom from Cruelty
Without fundamental rights, animals aren’t even safe from torture and abuse. Existing animal cruelty laws can usually be enforced only by the government as a criminal or public welfare matter—even when the government is the one engaging in the illegal cruelty—leaving animals virtually defenseless against physical and psychological harm. We leverage existing anti-cruelty norms and statutes to establish enforceable rights for animals, making anti-cruelty laws more effective and ensuring animals have a direct legal remedy against abuse.
For law firms, law schools, law students, and bar associations
Interested in animal rights law and want to learn more? Looking for content for your class, club, clinic, or committee? For more information, email learnmore@nonhumanrights.org.