Ritual slaughter—understood as the killing of animals without prior stunning for religious purposes—constitutes a legally and ethically intricate domain, situated at the intersection of animal welfare, freedom of religion, public health, and consumer protection. This review offers a critical examination of the influence exerted by international and supranational jurisprudence—most notably the case law of the Court of Justice of the European Union—on the regulatory landscape governing ritual slaughter. While the right to religious freedom enjoys robust protection under European constitutional and human rights frameworks, recent judicial decisions have affirmed the legitimacy of national legislative measures mandating pre-slaughter stunning, insofar as such measures pursue objectives of animal welfare and transparency in the public interest. Particular attention is devoted to seminal rulings originating in Belgium and within the broader EU context, with a focus on the application of the principle of proportionality as a legal mechanism for balancing colliding fundamental rights. The analysis further engages with the scientific and ethical discourse surrounding animal suffering and the legal obligations tied to consumer information and labeling. Taken together, these developments reveal an emergent trajectory within EU law toward the progressive tightening of regulatory standards governing ritual slaughter, shaped by an evolving jurisprudential understanding of animal welfare imperatives.

Ritual Slaughter and Supranational Jurisprudence: A European Perspective

Michela Maria Dimuccio;Pasquale De Marzo;Francesco Emanuele Celentano
;
Giancarlo Bozzo
2025-01-01

Abstract

Ritual slaughter—understood as the killing of animals without prior stunning for religious purposes—constitutes a legally and ethically intricate domain, situated at the intersection of animal welfare, freedom of religion, public health, and consumer protection. This review offers a critical examination of the influence exerted by international and supranational jurisprudence—most notably the case law of the Court of Justice of the European Union—on the regulatory landscape governing ritual slaughter. While the right to religious freedom enjoys robust protection under European constitutional and human rights frameworks, recent judicial decisions have affirmed the legitimacy of national legislative measures mandating pre-slaughter stunning, insofar as such measures pursue objectives of animal welfare and transparency in the public interest. Particular attention is devoted to seminal rulings originating in Belgium and within the broader EU context, with a focus on the application of the principle of proportionality as a legal mechanism for balancing colliding fundamental rights. The analysis further engages with the scientific and ethical discourse surrounding animal suffering and the legal obligations tied to consumer information and labeling. Taken together, these developments reveal an emergent trajectory within EU law toward the progressive tightening of regulatory standards governing ritual slaughter, shaped by an evolving jurisprudential understanding of animal welfare imperatives.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11586/542562
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