Morning:
8°c
With a single dessert and just two glasses of wine our bill was kept in check - but the effort of doing so was not much fun
Latest: Gordon Brown apologises for his poor handwriting and for misspelling the name of a dead soldier in a letter to the young man’s mother
More...
European Court agrees to hear chimp's plea for human rights
Last updated at 21:00pm on 21.05.08
His name is Matthew, he is 26 years old, and his supporters hope to take his case to the European Court of Human Rights.
But he won't be able to give evidence on his own behalf - since he is a chimpanzee. Animal rights activists led by British teacher Paula Stibbe are fighting to have Matthew legally declared a 'person' so she can be appointed as his guardian if the bankrupt animal sanctuary where he lives in Vienna is forced to close.
An anonymous businessman has offered a substantial amount to cover his care, but under Austrian law only humans are entitled to have guardians.
Test case: Hiasl, a 26-year-old male chimpanzee looks through the glass at his enclosure at an animal sanctuary in Voesendorf, south of Vienna
The country's supreme court has upheld a lower court ruling which rejected the activists' request to have a trustee appointed for Matthew.
So now 36-year-old Miss Stibbe and the Vienna-based Association Against Animal Factories have filed an appeal with the European Court of Human Rights in Strasbourg.
The insists that the chimp needs legal standing so a guardian can be appointed to look out for his interests - especially if the sanctuary shuts down.
Miss Stibbe, who is from Brighton but has lived in Vienna for several years, says she is not trying to get the chimp declared a human, just a person.
'Everybody who knows him personally will see him as a person,' she said.
'In his home in the African jungle, he would have been well able to look after himself without a guardian.
But since he was abducted into an alien environment, traumatised and locked up in an enclosure, it did become necessary for me to act on his behalf to secure the donation money for him and to avoid his deportation.
'Since he has no close relatives, I am doing this as the person closest to him.'
Claim: English woman Paula Stibbe who is hoping to adopt chimpanzee Hiasl (Matthew), and thus have him recognised as a human being with human rights
The legal wrangle began in February 2007, when the sanctuary where Matthew lives with another chimp, Rosi, plus a crocodile filed for bankruptcy protection.
Activists want to ensure the apes do not wind up homeless. Both were captured as babies in Sierra Leone in 1982 and smuggled to Austria for use in pharmaceutical experiments.
Customs officers intercepted the shipment and turned the chimps over to the shelter. Their upkeep costs £4,000 a month.
Donors have offered to help, but under Austrian law, only a human can receive personal gifts.
Organisers could set up a foundation to collect cash for Matthew, whose life expectancy in captivity is about 60 years.
But they argue that only personhood would ensure he is not sold to someone outside Austria, where he is protected by strict animal cruelty laws.
In dismissing the activists' request to get a guardian for Matthew, a lower court ruled that the chimp was neither mentally impaired nor in danger - the legal grounds required for a guardian to be appointed.
It did not directly address the issue of whether a chimpanzee can be considered a person.
Eberhart Theuer, the animal rights group's chief legal adviser, said there is a legal precedent to appoint a guardian for an individual incapable of expressing himself.
'As long as Matthew is not recognised as a person, he could be sold abroad or killed for economic reasons,' Theuer said.
'His life depends on this decision. This case is about the fundamental question: Who is the bearer of human rights? Who is a person according to the European Human Rights Charter?'
A spokesman for the court in Strasbourg said: 'Any application regarding this chimpanzee will be considered at a primary level by a magistrate and a lawyer before we decide whether it deserves a full-blown hearing.'
Reader views (27)
Ms. Stibbe stated she is not trying to have him declared human, just as a person. I think what she is doing is wonderful! She is protecting an entity that could otherwise be mistreated. She is not asking that he be made equal, she is trying to protect his life, which is why she wants to be his guardian. If she were saying he was equal, she wouldn't be trying to be his guardian! It's not an offensive thing to our race, so people need to stop being offended by it. It's no an attack on our intelligence, it is the open heart of a loving HUMAN who is trying to protect something she loves and cares about.
Maybe we could learn a little something about the selflessness that she is showing. If we all had this much compassion and lack of judgement, maybe the world would be a little better off.
- Tiffany Burns, Russellville, AR - USA
What a bunch of morons. This woman needs to be declared 'guardian' in order to care for a chimp???
If you're so worried about it being sold outside the country, the buy it yourself and don't sell it to anyone else. You don't need to be declared 'guardian.' Have the donors give you the money rather than the chimp. If donors are worried about you having a change of heart in the future then put the sale into a binding contract with conditions.
What a bunch of morons. I can't say it enough.
- Tony, Alta Vista, USA
I get a hint of phycosis in this situation.
- Samual Adams, Atlanta, GA
The motive is admirable, but declared a "person" is silly. The chimpanzee should be put into a zoo or animal sanctuary, especially if someone is willing to foot the bill.
- Dek, St. Petersburg, FL
What a waste of time, energy, money and resource that can better be used towards humans. They should put her in the cage with the monkey. I hope she loses. Get a life!
- Eugene, NY, NY
They've never heard of adopt a pet? If a sanctuary, which we'll assume always has the animal's best interest at heart, knows it may have to close it's doors, then why not simply GIVE Ms Stibbe the chimp.
To quote Brandon above "Chimps are not people, and should not be declared as such. They are a different species."
Would you declare a dog a person? Even though they are trainable (key word) to do a person's job... of course not. While animals can behave exceptionally, and even be awarded for their behaviour, fact is fact. They are not people. I'm all for saving the chimp! and do hope he finds a good home, but to qualify him as my evolutionary equal just doesn't sit well.
- Dani, Boston, MA
Chimps are not people, and should not be declared as such. They are a different species. Sure, humans may have come from them, but they certainly are not the same. They may be able to communicate somewhat, but that doesn't mean they deserve human status, and everything that comes with it.
- Brandon, Birmingham, UK
Wonderful. God bless the opportunity for humans to do the right thing.
- Tucker Fleiss, Hollywoof, California USA
Being sentient is not a legal requirement for "personhood". When this chimp can cook its' own food and use a bathroom, then it might qualify for something, but certainly not my legal equal. How far up the food chain does legal insanity go?
- Backwardsboy, Orlando, FL
She must like the way the chimp looks, what a sad day it is that we give so much thought about the care of an animal vice giving that attention to a homeless child in one of the struggling countries. She is a flaming nutter period. When will all this madness end, for Godsake!
- Amscot, USA
The solution here is simple. Merely purchase the chimp. You become the owner and therefore have full freedom to be responsible for what happens to the animal.
The courts attitude on this issue reflects perhaps the very reason why Americans, in general, view Europeans, in general, as they do: having surrendered, through a several centuries long intellectual descent, their own humanity. Europeans, having rejected the one who creates, declare all to be, in practical terms, equal to each other. The irony is that the European of such ilk is self deluded into believing that their own humanity has been elevated by this corruption of perception and belief.
Having fun spinning your wheels on this court case. We'll watch with laughter once more.
- J. Buckley, Omaha, Nebraska, USA
There is very little difference between humans and the rest of the animal kingdom. What gives us the right to keep primates as prisoners? We treat all animals like pieces of machinery, look at animal testing or the food industry. Even our beloved Cats and Dogs are subject to horrific deaths on a daily basis...read about Class B Dealers.
This is a first step in the right direction towards animal equality.
- Sean, Lexington, KY
You got to be kidding. Were does government get the right to bestow what is human and what isn't?
The EU is taking Europe on a high speed car ride over a cliff and US really isn't too far behind.
The quote from GK Chesterton is so fitting....
- Kjb434, Houston, TX, USA
This goes beyond ludicrous! The activists are trying to abuse the legal system for their own ends. There are many places outside Austria where this animal could live in comfort throughout his natural lifespan. The activists simply don't like that particular solution!
- Matt Cross, RIchmond, VA USA
This is ironic. I think the chimp should most definitely be given human rights. After all, he is a human just in an earlier form. The evolutionist chicken has come home to roost! If they want to be consistent, they should be in full support of this chimp.
- Kyle Barnhill, Nacogdoches USA
Hey, cool, all the people from the worst states in the US are chiming in with their paranoid talk of an agenda. Yep, we plan on aborting your Christian children and replacing them with chimpanzees, better pray real hard to Fox News so you can stop it. Shine on you crazy diamonds.
- Evan, Tempe, AZ
Once this happens then she can come to California and marry her chump eh..I mean Chimp. This is a slide in the wrong direction , rights for this animal --yes. This ape being called a human---no. Only in Britain ,god bless the Queen!
- Bryon Thornton, Humboldt, CA, USA
"Once abolish the God, and the government becomes the God." - G.K. Chesterton, 1933
- Tom, Edison, NJ
Just wait until the liberal loonies start demanding welfare, medical, and unemployment benefits on behalf of their homo-sapien guardians. Able working folks will bear the full brunt of the tax.
- Tommy Pete, Philadelphia, Pennsylvania, USA
This could be important. We are coming to a point where these issues have to be dealt with. Captive chimps are teaching their young sign language and are communicating emotions such as grief and happiness to their handlers. There is only so much longer that we as a species can continue to justify our behaviour towards our cousins without coming to grips with the ethical and legal ramifications. Apes may not be human, but there is no question that they are sentient. What is our responsibility toward them now that we have not only taken away large swathes of their natural environment, but given them language as well?
- Michael, Los Angeles, CA
At the rate they're going, the costs of the lawsuit will far exceed the lifetime cost of carrying for the "Matthew."
- Rob, Irvine, CA
Typical European elitist legalism. Instead of simplifying the laws allowing for exotic pets or donors to give to animals, the push is to complicate the law further. Instead of removing strands of a web full of contradictory policies that render donors and support moot, the well-meaning Left wants to add another strand.
How long until I argue rights for my cat with the same reason, 'that anyone who spends time with it will realize it's a person (in fur).'
- Eric, Florida, USA
Simple solution for those with a Brain, (an apparent rare commodity given that this is even a news item much less a judicial one):
Have Stibbe set up an account for her to buy and take care of the ANIMAL. You don't have to declare legal rights. Contrary to humans, any 'Thing' has a price and can be therefore purchased. So to Paula and all the animal rights folk. Put your money toward solving the problem. ->> Oh Wait. I get it. This has nothing to do with a Chimp and everything to do with an Agenda.
- Jerry, Bozeman MT, USA
The bureaucrats quibble over human rights for animals while Europe continues to sink into irrelevancy. There are any number of historical analogies for this type of decadence in the face of declining civilization.
- Chris, Washington DC
At a time when we continue to deprive unborn children of their human rights and kill them in the womb, along comes this inane exercise.
The world has come to insanity with this type of nonsense, and with the silly claims of the Al Gores and others that are blindly accepted as if they were true.
Lord, save us from the "good" people!
- Bob, St. Louis, Missouri USA
I can think of many suitable words to express what I think about this nonsense, but they are not suitable for publication. Have they nothing better to do with their time?
No wonder human beings are considered as nothing more than incidental pieces of meat and sinew if they are seriously considering calling an ape human.
The mind boggles!
- Rogan, DFW Texas
"Their upkeep costs £4,000 a month. "
Well, if they're people why don't they get a job and support themselves?
- Sallyr., London, UK
