The European Court of Human Rights (ECHR) ruled on Tuesday that all animals slaughtered for human consumption must be killed only after appropriate stunning procedures to limit animal suffering and promote humane slaughter practices. It upheld the legality of the Belgian Flemish and Wallonian statutes stating that
The law was previously upheld by the EU’s highest court, the European Court of Justice. The ECHR’s decision follows a legal challenge filed by several Belgian nationals and organizations representing Muslim and Jewish communities. They argued that Flemish and Wallonia regulations prohibiting the slaughter of conscious animals for religious ceremonies violate their right to freedom of religion, Articles 9 and 14 under the European Convention on Human Rights. . Article 9 protects freedom of thought, conscience and religion, and Article 14 protects against discrimination.
The ECHR stated in its judgment that although there was an interference with the applicant’s Article 9 right to freedom of religion as provided for by law, the ban was part of a procedure to protect a legitimate objective. Certified. The Court expanded the definition of “protection of public morals”, a limitation recognized under the Convention, to include the protection of human dignity in the area of interpersonal relations and living conditions of the individuals covered by that protection, in particular: The following items were included. animal. The ECHR held that “this Convention cannot be interpreted as promoting absolute support for the rights and freedoms enshrined in it without taking into account the suffering of animals”.
The court also found that the intervention was necessary in a democratic society because “both statutes are based on scientific consensus that pre-stunning is the best means of reducing animal suffering during slaughter.” Certified. The court added that the Parliament of the Flemish-Wallonia Region had concluded that there were no more drastic measures that could adequately achieve the objective of reducing harm to animal welfare during slaughter.
The ECHR also states that “Flanders and Wallonia did not prohibit the consumption of meat from other regions or countries where slaughter had previously taken place, so these prohibitions did not apply to Jews in Flanders and Wallonia.” and does not restrict Muslims from consuming kosher or halal meat.” Killing animals was not a legal obligation. ”
The court held that the applicant’s Article 14 right against discrimination was not infringed because the applicant was not placed in the same situation or context as hunters and fishermen.
This is the first time that the ECHR has expressed an opinion on this issue. The ruling is expected to open the door to further animal welfare legislation relating to the right to religious freedom in the EU.