You could argue that our reason is merely our instinct; it is the evolutionary tool we have to survive.
In any case, look at the argument further:
Does a baby have rights? It certainly is not making rational decisions. What about a severely mentally handicapped person? I am sure there are some gorillas and some dolphins that are "smarter" than some retarded fellow somewhere...who has rights.
In your case of the human, what if that human had a genetic predisposition to sociopathy and violence? Like an extreme predisposition that filled his body with adrenaline and anger, or something like that. That would be, basically, instinct.
Ultimately, when it comes to the application of rights, it is difficult to be black and white. Just because you have a mental disorder that makes you incredibly prone to violence doesn't mean I can "let you off the hook". And just because dogs aren't intelligent beings doesn't mean all animal abuse laws are immoral.
Plan for eliminating the national debt in 10-20 years:
Specific cuts; defense spending: http://rolexian.wordpress.com/2011/01/03/more-detailed-look-a
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