Dolphin and whale nonhuman personhood is viewed as the next step in animal rights. Cetaceans must first be considered nonhuman persons in order to have their rights officially recognized. But this legal and moral concept can be confusing – so let’s break it down a bit.
Many people don’t realize that dolphins and whales do not have the right to be alive. To this day, they are considered and treated as property for human benefit. We capture them from the ocean, kill them for food and keep them in captivity. Each of these activities remains legal because of dolphins’ explicit lack of rights. Businesses like SeaWorld rely on orcas being considered legal property to make money off of their lives.
‘Rights’ are another way of saying protections. Human beings have rights because we have emotions, we care about things such as family and freedom, and we experience pain when we are physically or psychologically injured. We have the need for protections in order to safeguard against pain and to help ensure that we can all lead happy, full lives.
Until recently, Western cultures believed that other-than-human animals were unthinking, unfeeling machines. It was assumed that they had no need for rights because they simply wouldn’t notice whether they had them or not. However, we now have enough scientific evidence to refute these ideas.
Cetaceans in particular benefit from a wealth of such discoveries. We now know that they are highly intelligent, they value many of the same things that we do, and that they likely experience emotions and pain in similar ways that we do. Because of these discoveries, we now understand that they need, and deserve, protections too.
This is where the concept of whale and dolphin nonhuman personhood comes in. Sonar advisor Thomas I. White, author of In Defense of Dolphins, provides a nifty summary of personhood here.
An entity must first be considered a legal ‘person’ in order to be given any rights. At the moment, human beings and corporations are the only things that are considered ‘persons’, meaning that everything else is classified as property, and as such has no rights. So, making cetaceans legal ‘persons’ opens the door for their increased protection.
While the exact definition for personhood is still debated, below is a list of traits that many believe qualify a being to be considered a legal ‘person’:
- Being Consciousness
- Having self-awareness
- Having emotions
- Having control over one’s actions, the ability to make decisions
- Recognizing other persons
- Being able to solve complex problems
- Possessing cognitive sophistication
Giving dolphins and whales nonhuman personhood standing does not mean that they will ever be able to vote, or that they will be assigned jury duty. It means that they will be eligible to be given basic rights, such as the right to life, liberty and freedom from harm. This would essentially make it illegal for any human being to capture dolphins from the oceans, keep them in captivity for any purpose, or kill them.
It is impossible to argue against dolphin and whale nonhuman personhood. It is only a matter of time until these ideas become more accepted and manifest as actual policy and legal protection. Sonar is working to speed this process along. We work with communities, lawmakers, public officials, other organizations and scientists in order to get dolphin and whale nonhuman personhood legislation passed in cities across the globe.
Members of our Sonar pod have been advocating for dolphin and whale nonhuman personhood for some time now, with a few key successes in the past that give an example of what we continuously work on.
Nation of India:
In 2013, the government of India banned cetacean captivity throughout their nation, and declared that cetaceans ought to be considered nonhuman persons. It was among the most progressive nonhuman rights statements ever to be issued by a major government.
In February 2014, the mayor of Malibu, California passed a resolution stating that dolphins and whales deserve the right to their own freedom and lives.
San Francisco, California:
The Malibu resolution spurred another initiative among the San Francisco Board of Supervisors who ended up passing a resolution in October that same year stating that cetaceans have the right to be unrestricted and free of captivity.
Nation of Canada:
In June 2015, we advised on a Canadian bill aimed at placing cetaceans ‘beyond use’ of human beings.
Convincing governing bodies to begin recognizing cetacean’s rights to their own lives is an important step in increasing widespread understanding of who these beings are, and reducing the harm they experience at our hands.
If you would like to pass a dolphin and whale nonhuman personhood bill in your local community, get in touch with us: dolphin (at) wearesonar.org
Photo by Scott Portelli.