VOA新闻杂志2022--一只大象该不该有“人权”

Legal Case Examines if Elephant Can Be Considered a Person

She has four limbs, expressive¹ eyes and likes to walk through greenery in New York City. Happy is an Asian elephant. But can she also be considered a person?

That question was before New York's highest court this week.

The case involves the Nonhuman Rights Project (NRP) and the Bronx Zoo.

Supporters at the Nonhuman Rights Project say Happy is an independent being with complex thinking abilities. They want her moved from what they say is a prison-like space she lives in at the zoo. They argue that she should have that right under law as "a person."

The Bronx Zoo, where Happy lives, argues Happy is neither illegally imprisoned² nor a person. The zoo says Happy is a well-cared-for elephant "respected as the magnificent creature she is."

Happy has lived at the Bronx Zoo for 45 years. The state Court of Appeals heard arguments over whether she should be released through a special proceeding³, known as a habeas corpus proceeding. It is a way for people to fight illegal imprisonment⁴.

The Nonhuman Rights Project wants Happy moved from the zoo to a larger area.

Project attorney Monica Miller⁵ told The Associated Press ahead of the court arguments that Happy "has an interest in exercising her choices and deciding who she wants to be with, and where to go, and what to do, and what to eat."

Miller added, "And the zoo is prohibiting her from making any of those choices herself."

The group said that in 2005, Happy became the first elephant to pass a self-awareness test. Happy repeatedly touched a white "X" on her forehead as she looked into a large mirror.

The zoo and its supporters warn that a win for the Nonhuman Rights Project could open the door to more legal actions about animals, including pets and other animals in zoos.

Happy was born in the wild in Asia in the early 1970s. She was captured and brought as a 1-year-old to the United States.

Happy arrived at the Bronx Zoo in 1977 with Grumpy, another elephant. Grumpy died 20 years ago after a fight with two other elephants.

Happy now lives in an area next to the zoo's other elephant, Patty. The zoo's attorney argued in court filings that Happy can swim, eat and do other behaviors that are natural for elephants.

NRP's lawyers say no matter how Happy is being treated at the zoo, her right to "bodily liberty" is being violated. If the court recognizes Happy's right to that liberty under habeas corpus, she must be released, they argue.

Judge Jenny Rivera asked Miller about NRP's position on human-animal relationships.

"So does that mean that I couldn't keep a dog?" Rivera asked. "I mean, dogs can memorize words."

Miller said there evidence showing elephants are more mentally complex.

Lower courts have ruled against the NRP. And the group has failed to win in similar cases, including one involving a chimpanzee named Tommy.

Opponents hope the NRP's series of court losses continues with the New York court.

The court's decision is expected in the coming months.

At least one animal rights supporter suggests a court decision will not change society's view of animal use. Rutgers Law School professor Gary Francione, who is not involved in the case, said that would require a wider cultural change.

Words in This Story

limb – n. a leg or arm

magnificent – adj. very beautiful or impressive : very great

self-awareness – n. : knowledge of your own existence or personality

prohibit – v. to say that (something) is not allowed; to make (something) impossible to do

mirror – n. a piece of glass that reflects images

memorize – v. to learn (something) so well that you are able to remember it perfectly

1 expressive   

adj.表现的，表达…的，富于表情的

参考例句：

• Black English can be more expressive than standard English.黑人所使用的英语可能比正式英语更有表现力。
• He had a mobile,expressive,animated face.他有一张多变的，富于表情的，生动活泼的脸。

2 imprisoned   

下狱，监禁( imprison的过去式和过去分词 )

参考例句：

• He was imprisoned for two concurrent terms of 30 months and 18 months. 他被判处30个月和18个月的监禁，合并执行。
• They were imprisoned for possession of drugs. 他们因拥有毒品而被监禁。

3 proceeding   

n.行动，进行，(pl.)会议录，学报

参考例句：

• This train is now proceeding from Paris to London.这次列车从巴黎开往伦敦。
• The work is proceeding briskly.工作很有生气地进展着。

4 imprisonment   

n.关押，监禁，坐牢

参考例句：

• His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
• He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。

5 miller   

n.磨坊主

参考例句：

• Every miller draws water to his own mill.磨坊主都往自己磨里注水。
• The skilful miller killed millions of lions with his ski.技术娴熟的磨坊主用雪橇杀死了上百万头狮子。