Wild Things: Animal Rights in EU Conservation Law

Abstract

The concept of animal rights is highly topical in animal legal scholarship. There is much debate on whether or not animals can and do hold rights, although there does seem to be consensus that animals currently do not have such legal rights that would grant them any foundational protection in the way that human rights do for humans. This article challenges that assumption through a discussion on the legal rights of wild animals under the European Union (EU) Habitats Directive. The article establishes a theoretical framework on animal rights and analyses the Habitats Directive according to the rights framework. It subsequently argues that preliminary fundamental legal rights for certain wild animals can be found in EU conservation law. However, through a discussion on the scope and objective of the Habitats Directive, the article finds that the legal rights that are found are not grounded in the interests of the animals themselves. Instead, the preliminary fundamental animal rights are a by-product of the anthropocentric value of biodiversity and do not support a rights-based approach to animal rights. The article concludes with a discussion on the interpretation that follows from these findings and how an instrument such as the Habitats Directive could implement rights-based wild animal rights.