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Judicial systems have the authority to classify nonhuman entities, such as rivers, forests, mountains, and animals, as possessing human-like legal status. While they aren't explicitly labeled as humans, these entities are granted rights equivalent to those of human beings.
In such cases, causing harm to these nonhuman entities results in penalties equivalent to harming a person. Picture facing assault charges for mistreating a river—though no such case has occurred yet, leaving room for potential legal absurdity.
10. Whanganui River
New Zealand's Whanganui River holds the distinction of being the first river to be awarded human rights. Known as Te Awa Tupua by the Maori tribe, it is revered as an ancestral figure. The Maori regard natural elements like rivers, oceans, and mountains as sacred, attributing to them the same rights as human beings.
For over 140 years, the Maori tirelessly campaigned for New Zealand to acknowledge the Whanganui River as a living being. Their efforts culminated in 2017 when a New Zealand court granted the river the same legal rights as humans.
As a result, harming the river now carries penalties akin to harming a person. Since rivers cannot speak for themselves, the court designated two guardians—one from the Maori community and one government representative—to act on the Whanganui's behalf.
9. Ganges and Yamuna Rivers
In 2017, an Indian court in Uttarakhand granted the Ganges and Yamuna rivers the same legal protections as humans. (The Ganges is shown above.) Notably, this decision was influenced by New Zealand's ruling on the Whanganui River, which had occurred just a week prior.
Hindus hold the Ganges and Yamuna rivers in high spiritual regard. Despite their sacred status, both rivers suffer from severe pollution. Approximately 1.5 billion liters (400 million gallons) of sewage and 500 liters (132 gallons) of industrial waste are dumped into the Ganges daily. Cremated human remains further exacerbate the issue, rendering some sections of the river uninhabitable for aquatic organisms.
Criticism quickly mounted against the governments of Uttarakhand and Uttar Pradesh, through which the Ganges flows, for failing to adequately safeguard these revered rivers. This public outcry prompted the Uttarakhand court to grant the rivers the same legal rights as humans.
Polluting the rivers could have led to charges as severe as assault or even murder. To address the inherent communication barrier between rivers and humans, the court appointed three individuals to serve as the rivers' legal guardians.
However, the Indian Supreme Court overturned the decision a few months later, following objections from Uttarakhand's state government. The government argued that rivers cannot be equated with humans, warning that the ruling could result in bizarre legal scenarios, such as lawsuits arising from drownings or flooding incidents.
8. Te Urewera
In 2014, New Zealand enacted the Te Urewera Act, named after the Te Urewera National Park. This legislation granted the forest within the park the same legal rights as human beings.
The law redefined the forest's status, stating it could no longer be considered a national park since it cannot be owned by individuals or the government. Instead, the forest owns itself. A human board was established to act as its guardians, ensuring the preservation of Te Urewera's historical and ecological significance.
Interestingly, some Canadian scholars have proposed enacting similar laws to protect celestial bodies. With the commercialization of space gaining momentum, it’s inevitable that private enterprises will begin extracting resources from asteroids.
7. All Animals in Uttarakhand
A year after recognizing rivers as legal entities, Uttarakhand extended human rights to animals. The court ruled that every animal in the state is entitled to the same rights as humans.
The legislation was introduced to combat animal cruelty, prevent illegal poaching, and reduce pollution. Notably, it applied to all animals, whether domestic or wild, including birds and aquatic life. Rather than assigning a select few as guardians, the court designated every resident of Uttarakhand as a protector of the state's animals.
Every individual in Uttarakhand is now responsible for ensuring the welfare and protection of all animals. The court assigned citizens the role of loco parentis (Latin for “in the place of a parent”), placing them in a caretaker position.
The law also prohibited the use of harmful tools on domestic animals. Additionally, working animals must be released from their restraints when temperatures exceed 37 degrees Celsius (98.6 °F) or drop below 5 degrees Celsius (41 °F). Transport animals must also be clearly marked to avoid accidents. Given the Indian Supreme Court's reversal of the Ganges and Yamuna rivers ruling, it remains to be seen whether this law will endure.
6. Sandra the Orangutan
In 2015, a court in Argentina recognized Sandra, a 29-year-old orangutan residing in a Buenos Aires zoo, as having the same legal rights as humans. Interestingly, this decision did not originate from a direct effort to grant Sandra human-like rights.
The case began in 2014 when the Association of Officials and Lawyers for Animal Rights (AFADA) demanded the zoo release Sandra. When the zoo refused, the activists took legal action.
Rather than seeking Sandra's release, the activists filed a habeas corpus petition, compelling the court to decide whether Sandra should be classified as a person or an object. Such petitions are typically used to challenge the legality of a person's detention.
While habeas corpus petitions are usually reserved for humans, AFADA's lawyers argued that Sandra should be recognized as a “non-human person,” granting her human-equivalent rights. In 2015, a judge ruled in their favor. Efforts were made to relocate Sandra to a sanctuary in Brazil, but as of 2017, she remained at the zoo.
5. Happy the Elephant
Continuing with habeas corpus, a New York court granted an elephant human-equivalent rights in November 2018. This followed a successful habeas corpus petition filed by the Nonhuman Rights Project (NhRP) on behalf of Happy, a 47-year-old elephant residing at the Bronx Zoo.
The NhRP argued that Happy suffered from loneliness and inadequate living space, as her companions had either been euthanized or killed by other elephants. Notably, Happy is not only the first elephant to receive human-like rights but also the first to pass the mirror self-recognition test, a benchmark for assessing self-awareness in animals.
The approval of the habeas corpus petition led the court to schedule a hearing to decide whether Happy should remain at the zoo or be relocated to an elephant sanctuary.
4. A Pair of Chimpanzees
Continuing with habeas corpus, in 2015, the Nonhuman Rights Project filed a petition for two chimpanzees, Hercules and Leo, held at Stony Brook University in Long Island, New York. The chimps were used in biomedical research, and NhRP argued their detention was unlawful.
NhRP initially filed a habeas corpus petition for the chimpanzees in 2013, but it was dismissed. After multiple attempts, New York State Supreme Court Judge Barbara Jaffe issued a writ of habeas corpus in 2015, requiring the university’s attorneys to appear in court.
The writ effectively granted Hercules and Leo human-equivalent rights, placing the burden on the university’s legal team to justify the legality of their detention.
Judge Jaffe later revoked the habeas corpus writ for undisclosed reasons. Despite this, the case proceeded, and Hercules and Leo were eventually released and relocated to a sanctuary in Georgia.
3. Atrato River
In 2017, Colombia's decisive courts awarded human rights to the Atrato River, which runs through the Choco Department in the northwest. The court emphasized that humans are merely one species on Earth and do not have dominion over other beings.
Similar to the Amazon, the Atrato River has suffered extensive damage from illegal logging and mining. Pollution has reached critical levels, endangering aquatic ecosystems. Fed by over 15 rivers and 300 streams, the Atrato's waters enter clean but are quickly polluted upon reaching the river. The court mandated the government to undertake cleanup efforts.
2. The Amazon Rainforest in Colombia
The ongoing decline of the Amazon has been a recurring headline for years. Farmers, miners, loggers, and cocaine cultivators are responsible for its destruction. Colombia has taken action to safeguard its portion of the Amazon, which spans an area comparable to England and Germany combined.
In a landmark 2018 ruling, Colombia’s Supreme Court granted the Amazon rainforest within its borders the same legal rights as humans. The court also mandated government intervention to protect the forest and criticized authorities for failing to curb deforestation sooner.
While Colombia has moved to protect its share of the Amazon, Brazil, which holds the largest portion of the rainforest, has not extended similar rights. There is little indication that Brazil will adopt such measures in the near future.
Ironically, Brazil was contemplating lifting a ban on Amazon deforestation for sugarcane farming when Colombia enacted its law. Alternatively, one might attribute the lack of rainforest protection in Brazil to its youth, as Colombia’s decision followed a lawsuit filed by 25 individuals aged seven to 26.
1. Mount Taranaki
In 2017, a New Zealand court awarded Mount Taranaki human-equivalent rights, making it the third natural landmark in the country to receive such recognition.
The decision was driven by the Maori, who regard the dormant volcano, last active in 1775, as both an ancestor and family member. The ruling also aimed to protect the mountain, a major tourist destination.
Any damage inflicted on the mountain will be treated as harm to the Maori community. As per tradition, the court appointed the Maori and the New Zealand government as the mountain's guardians.
