“Kosher” and “halal”: religious killing still allowed without anesthesia



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Jewish and Muslim believers can continue to slaughter animals in the EU without stunning them. You filed a lawsuit against a 2017 Belgian ban. In this, your religious freedom was attacked.

Slaughter without stunning according to Jewish or Muslim rites should not be prohibited in the European Union from the point of view of the competent legal expert. That would contradict the freedom of religion enshrined in the European Charter of Fundamental Rights, argued Advocate General Gerard Hogan on Thursday in his Opinion on a procedure in the Court of Justice of the European Communities (Case C-336/19). The verdict is expected in a few weeks.

Believers see their religious freedom at risk

This is a politically very explosive legal dispute in Belgium. There, the Flanders region banned slaughter without stunning in 2017 for animal welfare reasons. Jewish and Muslim associations complain 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.

Advocate General Hogan points out that the EU regulation for the protection of animals basically states that animals are only killed after stunning. 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.

Difficult to reconcile with modern animal welfare

Hogan emphasizes that the preservation of religious rites for sacrifice 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. According to the religious guidelines of Islam and Judaism, no blood should be consumed.

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