The Legal Regulation of Non-stun Slaughter: Balancing Religious Freedom, Non-discrimination and Animal Welfare

Abstract

In February 2019, The Royal Society for the Prevention of Cruelty to Animals (RSPCA) and the British Veterinary Association (BVA) published a joint open letter to the British Government calling for a repeal of a legal exemption that permits the slaughter of animals without prior stunning. The RSPCA and BVA argue that repealing the exemption is required on grounds of animal welfare, claiming that non-stun slaughter causes unnecessary pain and suffering. By contrast, Islamic and Jewish groups assert that non-stun slaughter, when properly conducted, is both humane and a religious requirement for least some followers of their faiths. This article considers whether imposing a ban on non-stun slaughter is compatible with obligations to protect religious freedom and non-discrimination under the European Convention of Human Rights. It will conclude that it can be and, when done to protect animal welfare, falls within Contracting States’ margin of appreciation.