Protection of Animals in the Constitutions of the European Countries

Abstract

The aim of the study is to examine how animal protection, especially that of animal specimens, is included in the European constitutions. San Marino and the United Kingdom have no classical, written constitutions, hence, a total of 42 European constitutions were studied. Animals typically appear in the constitution as species that, as part of nature and the environment, must be conserved in order to preserve biodiversity. There are only a few constitutions in Europe that reflect a narrowly defined approach to animal protection. According to this, animals as individuals must be protected because of their intrinsic value. The research has shown that 14% (6 countries) of the European countries examined contain both species and specimen protection provisions in their constitutions. The vast majority, 69% (29 countries) included only animal species protection provisions in the constitution. 17% (7 countries) of the European constitutions do not contain a provision based on any of the criteria. Only Austria, Germany, Luxembourg, Slovenia, Sweden and Switzerland have provisions for  individual protection of animals at constitutional level. In Switzerland, a unique legal institution, the  “dignity of animals” was given constitutional protection.