Schächten: The ban probably contradicts religious freedom in the EU



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This is a politically highly explosive legal dispute from Belgium: there, the Flanders region prohibited slaughter without stunning three years ago for animal welfare reasons.

Jewish and Muslim associations complained about it. In both religions there are rules for slaughter without anesthesia to make meat kosher or halal. Believers see their religious freedom at risk.

Now the responsible legal expert has commented on it. In his opinion, killing without anesthesia according to Jewish or Muslim rites should not be prohibited in the European Union. This would contradict the freedom of religion enshrined in the European Charter of Fundamental Rights, argued Advocate General Gerard Hogan in his Opinion on the proceedings before the Court of Justice of the European Communities. The verdict is expected in a few weeks.

Would a total ban violate EU law?

Hogan points out that the EU regulation on animal protection basically states that animals are only killed after being stunned. But it also expressly provides for exceptions to take into account the religious rites of certain religions.

EU states can enact provisions in their national legislation to minimize the suffering of animals. However, a complete ban would violate EU law.

Expert Hogan emphasizes that the preservation of religious sacrificial rites is difficult to reconcile with modern animal welfare. However, the exception provided for in EU law is legally permitted as a political decision. It must not be undermined by individual Member States.

Animal rights activists criticize the so-called slaughter because the animals are killed with a cut to the throat and bled to death. This method is used because, according to their religious beliefs, Muslims and Jews should not consume blood.

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