Compassionate Legislation: Taking Wild Animals Seriously in EU Law
DOI:
https://doi.org/10.71389/gjal.176412Keywords:
Speciesism, Wild Animal Suffering, Invasive Alien Species, Endangered Species, Predator Reintroduction, Legal FrameworkAbstract
This paper critically examines how wild animals are treated within current European Union (EU) law, highlighting a prevailing anthropocentric and speciesist orientation. Chapter 1 analyzes EU legal frameworks, focusing on regulation such as the Habitats and Birds directives, which prioritise biodiversity and ecosystemic health while largely neglecting individual animal welfare. Specific cases – including invasive and endangered species management and predator reintroduction – reveal ethical blind spots, particularly the absence of concern for individual animals’ interests. Chapter 2 introduces a sentientist framework, arguing for the moral relevance of wild animal sentience and exploring sources of wild animal suffering, both natural and human-induced. It then draws on ethical approaches to address the moral challenges surrounding current attitudes toward intervention. Chapter 3 critiques the speciesist biases embedded in legal discourse and policy, proposing a shift toward a nonspeciesist legal paradigm. Reassessing prior key cases, the paper argues for welfare-based assessments and individualised legal protection toward all wild animals. It concludes by outlining potential reforms to align legal systems with a more inclusive and ethically coherent stance. Ultimately, the paper calls for an evolution of environmental law that includes individual well-being alongside ecological integrity.
