ECHR: Ban on ritual slaughter of animals without stunning lawful

15-02-2024

In the case of Executief van de Moslims van België and Others v. Belgium the European Court of Human Rights (ECHR) determined that Belgium did not infringe upon the right to freedom of religion and that there was no violation of prohibition of discrimination. This judgement was related to a ban on the ritual slaughter of animals without prior stunning in the Flemish and Walloon Regions of Belgium. In particular, the ECHR noted that the adoption of such decrees, which effectively banned the slaughter of animals without prior stunning in the Flemish and Walloon Regions, while permitting reversible stunning for ritual slaughter, did not exceed the national authorities’ discretion (“margin of appreciation”) in the case. The Court stressed that this decision marked the first occasion the Court considered whether the aim of protecting animal welfare could justify restrictions on the freedom of religion. It noted that the ban was "proportionate to the aim pursued, namely the protection of animal welfare as an element of 'public morals.'” There had therefore been no violation of Article 9 of the European Convention on Human Rights (freedom of thought, conscience and religion) and no violation of Article 14 (prohibition of discrimination).