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| There is much debate over the efficacy of promoting the rights and welfare of nonhuman primates. Some think that the two issues are mutually exclusive, and in many cases, they are. LPAG believes that both ideologies should be taken into consideration in order to fully protect the immediate needs of laboratory primates. Indeed, we feel that addressing individuals' immediate needs, whether they be captive in a sanctuary, zoo or biomedical research lab, is consistent with a recognition of their intrinsic rights. While we do not in any way condone the use of nonhuman primates in biomedical research, we feel that it is necessary to acknowledge and understand the legislation that maintains and keeps them there. LPAG supports the efforts of organizations working toward the legal personhood for nonhumans, however the ultimate goal of this group is the abolition of the use of primates in biomedical research. |
Marc Bekoff, our friend and Advisory Board member, clearly lays out the distinction between Welfare and Rights.
Animal Welfare and Animal Rights
by Marc Bekoff
Guest Opinion, Boulder News
January 16, 2000
Should humans keep other animals in cages, eradicate them for human development, or move them from one habitat to another? Human relationships with nature raise numerous complex issues. Often people wonder why those who they perceive to be concerned with the psychological and physical health of animals can't agree on solutions to existing problems. They believe that advocates of animal welfare and animal rights will favor the same solutions. Often this isn't so. A consideration of some recent local issues the Estes Park Zoo, reintroduction of lynx, eradication of prairie dogs, dog labs at CU's medical school and the high death rate at Ocean Journey highlights the differences between these views. People who believe that it's permissible to cause animals pain, but not unnecessary pain, argue that if we consider the animals' welfare or well-being their quality of life that's all we need to do. These people are called "welfarists" and they practice "welfarism." Welfarists believe that while humans should not wantonly exploit animals, as long as we make animals' lives comfortable, physically and psychologically, we're respecting their welfare. If animals experience comfort and some of life's pleasures, appear happy, and are free from prolonged or intense pain, fear, hunger and other unpleasant states, they're doing fine. If individuals show normal growth and reproduction, and are free from disease, injury, malnutrition and other types of suffering, they're doing well and we're fulfilling our obligations to them.
Welfarists also assume that it's alright to use animals to meet human ends as long as certain safeguards are used. They believe keeping animals in zoos and aquariums where there are high death rates (about 20 percent at Denver's Ocean Journey, the "industry standard"), using animals in experiments and slaughtering animals for human consumption are permissible as long as these activities are conducted in a humane way. But welfarists don't believe that animals' lives have inherent value. Animals' lives are valuable merely because of their utility or use-value to humans. Basically, welfarists are utilitarians who believe that dogs, cats, prairie dogs, or any other animals can be exploited as long as the pain and suffering that the animals experience the costs of using the animals to the animals are less than the benefits to humans that are gained by using the animals. Animal pain and death animals are justified because of the benefits that humans derive. The ends (human benefits) justify the means (the use of animals) even if they suffer, because their use is considered to be necessary for human gains. Those who argue that moving animals around for human benefits and using dogs to teach medical students often employ the utilitarian argument, as do those who feel comfortable eating formerly "free-ranging chickens" but not chickens who've been brutally debeaked and imprisoned in inhumane battery cages.
Now what about those who advocate animal rights? Rightists also are concerned with animals' quality of life. However, they argue it's wrong to abuse or exploit animals, to cause animals any pain and suffering, and that animals shouldn't be eaten, held captive in zoos, or used in most (or any) educational or research settings. They believe animals have certain moral and legal rights including the right to life and the right not to be harmed. According to Gary Francione, a professor of law at Rutgers University, to say an animal has a "right" to have an interest protected means the animal is entitled to have that interest protected even if it would benefit us to do otherwise. Rightists believe humans have an obligation to honor that claim for animals just as they do for nonconsenting humans who can't protect their own interests. So, if a dog has a right to be fed you have an obligation to make sure she's fed. If a dog has a right to be fed, you're obligated not to do anything to interfere with feeding her. Rightists also stress that animals' lives are inherently valuable; their lives aren't valuable because of their utility to humans. Animals aren't "less valuable" than humans. Also, animals are neither property nor "things," but rather living organisms, subjects of a dignified life, who are worthy of our support, friendship, compassion and respect. Any amount of pain and death is unnecessary and unacceptable.
Now, what about many conservation biologists and environmentalists? Typically, they're welfarists (utilitarians) who are willing to trade-off individuals' lives for the perceived good of higher levels of organization such as ecosystems, populations or species. Witness recent debates about the reintroduction of lynx into Colorado. Some conservationists and environmentalists, in contrast to rightists, argued that the death (even agonizingly painful starvation) of some individuals was permissible for the perceived good of the species. Some even say that we should concentrate on the 14 animals who are known to be alive, rather than the 15 dead or 12 missing. People who claim it's alright to kill some prairie dogs because there are numerous other prairie dogs, are taking a utilitarian stance. The costs to individuals (and species) are less than the benefits to humans.
Labeling an individual a "welfarist" or "rightist" connotes important messages about their views on animal exploitation. One must be careful how these words are tossed around. Welfarists and rightists have radically different perceptions, perspectives and agendas, and solve problems differently. They preach very different codes of conduct. Welfarism and rights are extremely difficult to reconcile. Indeed, many experts think it's an impossible marriage. Nonetheless, its essential to understand their different perspectives in our efforts to protect animals who can't speak for themselves, whose voices fall on deaf ears.
Marc Bekoff teaches in Environmental, Population, and Organismic Biology at CU-Boulder.
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We include the links below because they all contain valuable information and viewpoints, and because LPAG's philosophy is represented by pieces of all of them.
RIGHTS
It is fairly clear that chimpanzees and other nonhuman great apes (gorillas, orangutans, and bonobos) will be the first nonhumans to have their fundamental interests recognized under the law. Granting such rights to nonhumans (or recognizing their inherent rights) is an issue that some people find unthinkable. There is a mistaken fear that the rights discussed would be rights equal to human rights; many people argue that with rights come responsibilities, and that nonhumans have no duties in our human society.
Most advocates propose to recognize the interests of nonhumans by allowing them freedom from torture (e.g. biomedical research or other cruel situations) and restrictive confinement, and by also allowing lawsuits to be brought on their behalf. By allowing their individual interests to be recognized by law, such as when a "next-friend" or guardian sues on behalf of an ape or monkey, the property status of that ape or monkey is consequently eliminated.
It is clear that nonhuman animals provide a myriad of services in our culture. They are our food, clothing, entertainment, companionship, and research subjects. They are a vital and indispensable part of human society; many of us define ourselves by our relationships with nonhumans, and consider that companion animals, animals in zoos and on nature videos provide us with an essential link to the natural world. Nonetheless, nonhuman research subjects (and all nonhuman animals) are generally considered property under the law; the only protections they receive are from legislation the Endangered Species Act (ESA), the Animal Welfare Act (AWA), and the Public Health Service's Health Research Extension Act (HREA). Laboratory animal subjects don't even enjoy the benefits of state anti-cruelty laws, as many explicitly exempt institutional research.
These laws are obviously written from the perspective of humans, and reflect the need to protect human interests. The AWA and HREA are the only laws directly affecting animals in research, and although their policies may have slightly improved the welfare of some laboratory animals, the AWA and HREA do nothing to promote the interests of nonhuman research subjects above the science that they serve.
LPAG feels strongly that the AWA and HREA pacify the public into thinking that the interests of nonhumans are legally guarded. Biomedical research laboratories do not and cannot provide a good life for monkeys and chimpanzees, and welfare legislation makes no attempt to halt or even constrain the research. The purpose of research laboratories is to do science, and the rigors and demands of science supersede the inherent rights and welfare needs of nonhuman primates. Those rights, set forth in the book The Great Ape Project: Equality Beyond Humanity edited by Paola Cavalieri and Peter Singer, include the right to life, the protection of individual liberty, and the prohibition of torture. For a detailed description of the argument for legal rights for chimpanzees and bonobos, read Steven Wise's Rattling the Cage.
Granting these basic rights to chimpanzees and monkeys would ensure that they not be killed in the process of utilizing them for human benefit, would prohibit their incarceration in tiny, uncomfortable cages, and would protect them from being used in torturous biomedical research projects.
To find out more about the on-going fight to procure and recognize the rights of nonhuman animals, visit:
The Animal Legal Defense Fund
Association of Veterinarians for Animal Rights
The Great Ape Project
Great Ape Standing and Personhood (GRASP)
Professor Gary Francione's Animal Rights Law Project
Guide to Animal Law Resources
Animal Law - the Nation's First and Only Law Journal Devoted Solely to Animal Issues
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WELFARE
Although the issue of welfare for nonhuman primates in research is a contentious one, LPAG feels that these individuals should not be forgotten or martyred in the process of securing rights. We believe that it is important to recognize the fact that there are currently thousands and thousands of monkeys and chimpanzees in research labs. Each of them is an individual, and each suffers under the current state of welfare legislation. While we have no doubt that nonhuman primates do not belong in biomedical research, we know that the reality is that those individuals will not be set free, even if the research projects were to stop tomorrow.
For an overview of current welfare legislation, and a discussion of the failure of the Animal Welfare Act, please see AWA Overview / AWA Failure .
To find out more about current efforts to improve the welfare of laboratory primates and other nonhumans, please visit:
Animal Protection Institute
Animal Welfare Information Center
Animal Welfare Institute
Society for Animal Protective Legislation
Laboratory Animal Welfare
Laboratory Primate Newsletter
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