The Elephant in the Courtroom: The Universality of Rights vs the Uniqueness of Human Animals in the Law

Abstract: The elephant in the courtroom is a metaphor for the overt problem facing the human rights discourse concerning the reluctance to recognize rights beyond the human animal. The growing global development of animal rights law in both the legislature and the judiciary of many jurisdictions, exposes the ethical dilemma of human rights that has been the defining characteristic of codified rights since their conception. The dual nature of rights; protecting and excluding from protection, demands a constant rethinking to ensure that rights are true to their foundations. Nonhuman animals are at the forefront of the pursuit of humanity as the protection of inherent dignity is the foundation of international rights law and the protection of all inherent dignity is therefore crucial to the legitimacy of the law and the continued development of legal rights.