Legal Safeguards for Badgers

This paper critically examines the legal protections afforded to badgers (Meles meles) in England, Wales, and France, exposing the stark inconsistencies and systemic shortcomings that undermine their welfare and conservation. Despite their ecological significance and legal status as protected species, badgers remain targets of unjustified persecution rooted in persistent misconceptions—particularly regarding disease transmission and agricultural damage. In the UK, a fragmented legal framework offers limited protection: badgers are safeguarded from intentional harm but not negligence, and penalties are weaker than those for domestic animals under the Animal Welfare Act. Enforcement remains inconsistent, especially in England and Wales, while Scotland’s stronger laws show reform is possible. In France, underground hunting—widely condemned for its cruelty—remains legal, breaching both national and international standards, including the Bern Convention. Local authorities often extend hunting seasons without public input or scientific basis, worsening these violations. This paper calls for targeted reforms centred on the protection of badgers, emblematic of broader shortcomings in wildlife law. In the UK, it urges the consolidation of wildlife offences and the alignment of penalties with those under general animal welfare legislation. In France, it advocates for a definitive ban on underground hunting and compliance with international legal obligations. By exposing the legal and ethical inconsistencies that leave badgers inadequately protected, the article makes the case for a more coherent, rights-based, and democratically accountable framework for safeguarding badgers and wildlife more broadly.