If only rational beings should be protected by rights then we should not protect babies or profoundly retarded people; but this is absurd. Animals do make choices according to their preferences e.g. lions choose a mate and dogs choose a spot to lie in the sun One is able to have interests without language because it is easily possible to be aware of a desire and understand that desire even if one does not think of that desire in words. Furthermore, there is some evidence that animals have languages of their own e.g. dolphins, birds.The challenger can also reject either theory of rights in favour of the other.