Ritual slaughter and freedom of religion: A critical analysis of the wider issues raised by the ECtHR in the Belgian case

This contribution outlines and analyses the judgement of the ecthr in the case of Executief van de Moslims van België and Others v. Belgium. Two Belgian regional decrees, which prohibted ritual slaughter without the prior stunning of animals, were found not to have violated the right to freedom of religion in article 9 echr. Several issues are discussed in this regard, including whether the decrees had interfered with article 9 echr, whether the interference had been prescribed by law, whether the protection of animal welfare qualified as a legitimate aim and whether the interference had been necessary in a democratic society in the light of the margin of appreciation. The analysis is conducted with due regard to the ecthr’s judgement in Cha’are Shalom Ve Tsedek v. France and the cjeu’s judgement in Centraal Israëlitisch Consistorie van België and Others v. Vlaamse Regering.