Environmental Protection, Rights of Nature, and Religious Beliefs in Europe

Abstract

AbstractThis paper examines the rights of nature (RoN) as a product of religious beliefs and how the increasing abandonment of religious beliefs in Europe could impact the development of RoN on the continent. As a concept rooted in religious and Indigenous peoples’ practices, this article argues that there are no religious and Indigenous peoples’ ideologies in Europe upon which RoN of nature could be anchored. Furthermore, since hardly any groups in Europe identify as Indigenous peoples in the strict sense of the term, except some groups in Scandinavia, RoN in Europe cannot be effective as there is no special attachment of most Europeans to natural entities. To achieve this argument, the Enlightenment period is pointed out as the starting point for the abandonment of religion in Europe. Because of this, the article contends that the recent law on RoN for Mar Menor in Spain may fail as it is not rooted in religious philosophies. To transplant RoN to Europe and for it to be effective, a new religion with spiritual traditions and insights consistent with the worldview of RoN would have to be developed. However, for such a view to be protected under Article 9 of the European Convention on Human Rights, it must “attain a certain level of cogency, seriousness, cohesion, and importance.” It is not certain if RoN has attained such a threshold in Europe or will ever attain it. Using the Białowieża Forest case, the paper concludes that nature already has adequate protection in the current legal system in Europe, and it is not necessary for the European Union to adopt RoN.