2024-02-20 05:00:19
Avesaas Scientific Society of Public Health that promotes veterinary science and guarantees animal welfare in all its areas, considers Adequate stunning prior to slaughter is of utmost importance. as a measure for to mitigate he
suffering of the sacrificed animals.
Being a complex issue that faces legal, ethical and cultural challenges. The ruling of last Tuesday, February 13, of the European Court of Human Rights (ECHR) has endorsed the prohibition of ritual sacrifice of animals without prior stunning for the rituals halal y
kosher in the regions of Flanders and Wallonia, with the aim of safeguarding animal welfare. Which is an important element to take into account in the legislative field of the European Union and the Member States that comprise it.
The judges of the European Court of Human Rights conclude that “the protection of animal welfare can be linked to the notion of public morality and that there was no violation of article 9 (freedom of religion) of the European Convention on Human Rights, nor violation of article 14 (prohibition of discrimination) in relation to article 9.” They also explain that “the national authorities have not exceeded the margin of appreciation available to them and have taken a measure that is justified in principle and that can be considered proportionate to the aim sought: the protection of animal welfare as an element of public morality.” .
But the magistrates have taken into account, in addition to the reasoning on the validity of animal welfare as an exception to the protection of religious freedoms, the fact that both the Walloon and Flemish parliaments provided for a “proportionate alternative” to the stunning obligation. previous: the regulations indicate that if the animals are to be sacrificed for a religious ritual that requires special methods, the stunning process can be “reversible”, that is, without causing the death of the animal, which would align this practice with the precepts religions that establish that the animal must be conscious before its sacrifice.
The ECtHR has also rejected the argument of the plaintiffs who alleged that the prohibition of slaughtering animals without prior stunning makes it difficult for Muslim and Jewish communities to access meat obtained in accordance with their religious convictions. In this sense, it points out that the regulations of the two federal regions do not prevent meat obtained according to religious rites from being imported from other regions or countries where these practices are allowed.
At this point it would be possible to reflection on whether we should question the general legal guidelines established by the EU for all the Member States. He Animal welfare is a growing concern for Spanish and European consumerswhich demand not only healthier and safer foods, but also obtained through practices that ensure adequate animal protection.
In this sense, Avesa considers and endorses that scientific studies provide data in this regard and celebrates that, from the jurisdictional level, in this case the ECtHR, there are legal norms that must be taken into account when legislating in the European Union regarding animal welfare. In this sense, we might ask ourselves to what extent this ruling binds the Member States that are also members of the Council of Europe, and therefore subject to the jurisdiction of the ECtHR.
We understand that its importance is enshrined as community value on the protection and welfare of animals since the Treaty establishing the European Community. It is worth remembering that animal welfare is part of the European Union’s “Farm to Fork” Strategy, the objective of which is to make the agricultural and livestock practices of the European Union more sustainable through an integrated food policy that includes the entire of the supply chain.
In these days when we are seeing the demands of the agricultural sector, it is worth remembering that the protection of animals at the time of slaughter or slaughter is a matter of public interest, since it influences the attitude of consumers towards agricultural and livestock products; and AVESA recognizes animal welfare as an essential part of the food safety strategy within the EU framework.
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