George Dvorsky elaborates on what is a confusing concept: what do we mean when we talk about the “rights” of those we consider “non-human persons?”

While these animals may not be as intelligent or knowledgeable as humans, their cognitive and emotional capacities are sophisticated enough to warrant special consideration. These are self-aware and self-reflexive animals. They are cognizant of other minds, exhibit deep emotional responses, and have profound social attachments. That’s not to be taken lightly.

At the same time I acknowledge that there there has to be a realism applied to this issue. Nonhuman animals who qualify as persons cannot participate in society to the same degree that humans can. Thus, they should be considered and treated in the same manner that we do children and the developmentally disabled—which is that they still have rights! We would never experiment upon a 3-year old human child, nor would we force a mentally disabled person to perform in a circus. We believe this because we recognize that these individuals are endowed with (or have the potential for) the sufficient capacities required for personhood. Consequently, we protect them with laws.