Animal welfare and the right to freedom of religion before the CJEU: The case of stunning and ritual slaughter

Gerhard van der Schyff

doi:10.4324/9781003423294

Animal welfare and the right to freedom of religion before the CJEU: The case of stunning and ritual slaughter

Gerhard van der Schyff

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific

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Abstract

This chapter discusses the issue of abolishing religious exemptions from the
obligation to stun animals before slaughter in the interest of animal welfare.
The chapter focuses on the ruling of the Court of Justice of the European Union in the matter of Centraal Israëlitisch Consistorie van België and Others v. Vlaamse Regering. It concludes that Member States are in principle allowed to require stunning in the context of ritual slaughter but that the margin of appreciation in this case was probably too wide. For this reason, the possible effects of a narrower margin are investigated. The chapter also argues that the cumulative effect of abolishing religious exemptions across the European Union should be considered when deciding whether the right to freedom of religion was limited in a proportionate manner.

Original language	English
Title of host publication	Freedom of religion, minority rights and the law
Subtitle of host publication	The status of Jewish and Muslim minorities in Europe and beyond
Editors	Aleksandra Gliszczyńska–Grabias, Aviad Hacohen
Place of Publication	London
Publisher	Routledge
Chapter	7
Pages	175-199
Number of pages	25
Edition	1
ISBN (Electronic)	9781003423294
ISBN (Print)	9781032696911
DOIs	https://doi.org/10.4324/9781003423294
Publication status	Published - Aug 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

animal welfare
ritual slaughter
religious slaughter
stunning of animals
fundamental rights
freedom of religion
limitation of rights
Belgium
Flanders Court of Justice of the European Union
European Court of Human Rights
Constitutional Court of Belgium
Charter of Fundamental Rights of the Europeon Union
European Convention on Human Rights
Treaty on European Union
Treaty on the Functioning of the European Union
EU law
ECHR law

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10.4324/9781003423294Licence: CC BY-NC-ND

Animal Welfare and the Right to Freedom of Religion before the CJEU_25_08_12_15_23_24Final published version, 174 KBLicence: CC BY-NC-ND

Cite this

van der Schyff, G. (2025). Animal welfare and the right to freedom of religion before the CJEU: The case of stunning and ritual slaughter. In A. Gliszczyńska–Grabias, & A. Hacohen (Eds.), Freedom of religion, minority rights and the law: The status of Jewish and Muslim minorities in Europe and beyond (1 ed., pp. 175-199). Routledge. https://doi.org/10.4324/9781003423294

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abstract = "This chapter discusses the issue of abolishing religious exemptions from the obligation to stun animals before slaughter in the interest of animal welfare. The chapter focuses on the ruling of the Court of Justice of the European Union in the matter of Centraal Isra{\"e}litisch Consistorie van Belgi{\"e} and Others v. Vlaamse Regering. It concludes that Member States are in principle allowed to require stunning in the context of ritual slaughter but that the margin of appreciation in this case was probably too wide. For this reason, the possible effects of a narrower margin are investigated. The chapter also argues that the cumulative effect of abolishing religious exemptions across the European Union should be considered when deciding whether the right to freedom of religion was limited in a proportionate manner.",

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van der Schyff, G 2025, Animal welfare and the right to freedom of religion before the CJEU: The case of stunning and ritual slaughter. in A Gliszczyńska–Grabias & A Hacohen (eds), Freedom of religion, minority rights and the law: The status of Jewish and Muslim minorities in Europe and beyond. 1 edn, Routledge, London, pp. 175-199. https://doi.org/10.4324/9781003423294

Animal welfare and the right to freedom of religion before the CJEU: The case of stunning and ritual slaughter. / van der Schyff, Gerhard.
Freedom of religion, minority rights and the law: The status of Jewish and Muslim minorities in Europe and beyond. ed. / Aleksandra Gliszczyńska–Grabias; Aviad Hacohen. 1. ed. London: Routledge, 2025. p. 175-199.

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific

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AB - This chapter discusses the issue of abolishing religious exemptions from the obligation to stun animals before slaughter in the interest of animal welfare. The chapter focuses on the ruling of the Court of Justice of the European Union in the matter of Centraal Israëlitisch Consistorie van België and Others v. Vlaamse Regering. It concludes that Member States are in principle allowed to require stunning in the context of ritual slaughter but that the margin of appreciation in this case was probably too wide. For this reason, the possible effects of a narrower margin are investigated. The chapter also argues that the cumulative effect of abolishing religious exemptions across the European Union should be considered when deciding whether the right to freedom of religion was limited in a proportionate manner.

KW - animal welfare

KW - ritual slaughter

KW - religious slaughter

KW - stunning of animals

KW - fundamental rights

KW - freedom of religion

KW - limitation of rights

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KW - Flanders Court of Justice of the European Union

KW - European Court of Human Rights

KW - Constitutional Court of Belgium

KW - Charter of Fundamental Rights of the Europeon Union

KW - European Convention on Human Rights

KW - Treaty on European Union

KW - Treaty on the Functioning of the European Union

KW - EU law

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A2 - Hacohen, Aviad

PB - Routledge

CY - London

ER -

Animal welfare and the right to freedom of religion before the CJEU: The case of stunning and ritual slaughter

Abstract

UN SDGs

Keywords

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