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The legal aspects of ritual slaughter include the regulation of slaughterhouses, butchers, and religious personnel involved with traditional shechita (Jewish), dhabiĥa (Islamic) and Jhatka (Sikh) religious slaughter. Regulations also may extend to butchery products sold in accordance with kashrut and halal religious law. Governments regulate ritual slaughter, primarily through legislation and administrative law. In addition, compliance with oversight of ritual slaughter is monitored by governmental agencies and, on occasion, contested in litigation. For aspects of ritual slaughter governed by religious law, see shechita, dhabiĥa and Jhatka.
[edit] Scope of regulationsIn Western countries, law reaches into every stage of ritual slaughter, from the slaughtering of livestock to the sale of kosher or halal meat. In the United States, for example, courts have ruled that kosher butchers may be excluded from collective bargaining units, [1] a Jewish beit din (court) may forbid trade with disapproved butchers, [2] retail sellers implicitly stipulate their compliance with rabbinic courts ,[3] a state law (NY) may incorporate a rabbinical ruling on kosher labeling,[4] and kashrut symbols may be subject to trade infringement laws.[5] Due to differences between ritual and mainstream slaughtering practices, kosher slaughter may be exempted from animal welfare laws. For instance, in the United States, the Humane Slaughter Act (7 U.S.C. section 1901) exempts ritual slaughter and this exemption has been upheld as constitutional.[6] The kosher food industry has challenged regulations as an infringement on religious freedom.[7] Secular governments also have sought to restrict ritual slaughter not intended for food consumption. In the U.S., the most prominent such case is Church of Lukumi Babalu Aye v. City of Hialeah. In this case, the Supreme Court of the United States ruled unconstitutional a local Florida ban on Santeria ritual animal sacrifice. [edit] Ritual slaughter practiceAccording to Jewish law and to Muslim law, animals must be slaughtered by a single cut to the throat while the animal is still conscious. [8] [edit] Historic and current bansSome rulers banned on killing on their land for some period each year, included ritual slaughter. In Switzerland shechitah was forbidden throughout the whole country in 1893 after having been banned in the cantons of Aargau and St Gallen in 1867.[3][4]Norway banned shechita in 1930. Germany banned shechita three months after Hitler came to power in 1933, Sweden banned it in 1937 and a ban was enforced in Poland with the Nazi invasion in 1939 (see section below on Nazi Germany). Bans introduced by the German Third Reich and by Mussolini were removed by Allied Command when the Allies liberated Europe. Today, bans on shechita exist in Switzerland (in the Constitution), Norway, Iceland and Sweden. Opponents of ritual slaughter bans argue that the practice is humane, that objections are based on antisemitism and that no scientific evidence exists to prove that ritual slaughter causes more suffering to animals than other methods. Ritual slaughter is one of two methods of slaughter defined as humane by the federal Humane Slaughter Act in the USA. The issue is complicated by allegations of antisemitism and xenophobia. Recent proposals originating from animal welfare advocates to ban or maintain existing bans on ritual slaughter have garnered noticeable support from people with anti-Jewish and/or anti-immigrant agendas, as the measures can be viewed to be targeting Jewish or Muslim minorities.[citation needed] Additionally, Spain, in its recent enactment of a ban, has drawn criticism and accusations of veiled antisemitism for focusing on religious ritual slaughter for alleged animal welfare concerns in the apparent systematic absence of concern for other similar animal welfare issues.[citation needed] Lastly, recent debate in Switzerland has been contentious, in part, because of comparisons by a prominent activist between kosher slaughter and the methods used by Nazis in concentration camps.[9] [edit] Nazi Germany"One of the first enactments of the Nazis in 1933 was to outlaw the Jewish method of slaughter," warned Rabbi Yehuda Brodie, registrar of the Manchester Beth Din.[10] The Nazi propaganda film Der ewige Jude (The Eternal Jew) shows "Jews rejoice at the suffering of animals" in a gruesome slaughter scene.[11] [edit] European UnionThe European Union directive, "European Convention for the Protection of Animals for Slaughter", [12] generally requires stunning before slaughter, but allows member states to allow exemptions for religious slaughter: "Each Contracting Party may authorize derogations from the provisions concerning prior stunning in the following cases: - slaughtering in accordance with religious rituals ...". The only member of the European Union to ban shehitah is Sweden. Switzerland, Norway and Iceland (not EU members) are the only other countries to ban shehitah in Europe. Article 9 of the European Convention on Human Rights provides for a right to freedom of thought, conscience and religion which includes the freedom to manifest a religion or belief in, inter alia, practice and observance, subject only to such restrictions as are "in accordance with law" and "necessary in a democratic society." In May 2009 the European Parliament voted in favour of allowing ritual slaughter in member states. [13] [edit] FranceIn Jewish Liturgical Association Cha'are Shalom Ve Tsedek v. France, 27 June 2000, [14] the Grand Chamber of the European Court of Human Rights interpreted Article 9 of the European Convention on Human Rights in a case involving a lawsuit by Glatt kosher slaughterers against a French law recognizing a non-Glatt association (the ACIP) as having the exclusive right to conduct Jewish ritual slaughter in France. The Court stated that ritual slaughter is a practice covered by the Article 9's guarantee of the right to manifest religious observance:
The Court then clarified the scope of Article 9, holding that it applies only to restrictions which would prevent consumers from being able to obtain ritually slaughtered meat:
Thus, under the Court of Human Rights' interpretation (not unanimous) of the European Convention on Human Rights in the Cha'are Shalom case, restrictions on ritual slaughter are permissible, but only if they do not prevent religious adherents from obtaining religiously slaughtered meat. [edit] GermanyOn January 15, 2002 the German Federal Constitutional Court held that the Basic Law for the Federal Republic of Germany provides a broader guarantee of human rights in the area of religious freedom than the European Convention on Human Rights. In an appeal by a Turkish citizen who practiced Islamic ritual slaughter, the German court struck down Germany's former ban on ritual slaughter, holding that the German Basic Law's guarantee of religious freedom prohibited the German government from applying a law requiring stunning prior to slaughter to observant Moslems who practice ritual slaughter for religious reasons, and that the Basic Law's guarantee of religious freedom applies to slaughterers as well as consumers of meat. [15] The German court held that under Article 2.1 of the German Basic Law, religious slaughterers have a distinct fundamental right to practice a religiously-recognized vocation. It also explained that merely permitting importation of ritually slaughtered meat is inadequate to protect the religious rights of individuals under Articles 4.1 and 4.2 of the German Basic Law (Constitution) because personal contact is important to ensuring compliance with religious requirements. It held that an exemption from laws that conflicted with this was therefore mandated:
[edit] SwedenAll except fish must be stunned before slaughter. There is no exception for religious slaughter.[16][17] While the kosher and halal slaughter of poultry in Sweden is prohibited commercially, for private household purposes it is permitted. Fredrik Malm, a member of the Swedish parliament, stated in 2006, in an unsuccessful motion to allow religious slaughter in Sweden, "In 1933 shehitah was banned in Germany, just after Adolf Hitler had come to power. Shehitah was banned in Sweden in 1937. In all the areas the Nazis controlled shehitah was banned. Therefore it cannot be disregarded that Swedish legislation was powerfully influenced by Hitler's Germany and the Nazi regime. Shehitah is only forbidden in Norway, Switzerland and Sweden. According to a EU directive, all forms of religious slaughter should be permitted. Therefore it is my view that Sweden, which is a member of the EU, should follow this directive." [18] The Swedish law governing slaughter is worded exactly the same as the Swiss law - "that the animal must be stunned before bleeding".[citation needed] All the legislation that the Allies removed in the various countries where ritual slaughter was banned by the Nazis had this wording so that Jewish and Muslim slaughter was banned without Jews or Muslims being mentioned by name in the law.[original research?] At the present time of writing Sweden is the only country in the European Union that bans ritual slaughter. [edit] Other European countriesIn the rest of Europe the legal situation of ritual slaughter differs from country to country. While countries that had Nazis and antisemites in parliament in the 1930s introduced bans, democratic countries the US, the United Kingdom, Ireland, the Netherlands) introduced legislation protecting shehitah. [19] [20]
[edit] FinlandFinland's law on slaughter dates from the 1930s and allows post-stunning thereby providing legislative protection for Jewish and Muslim slaughter. Dhabhiha (halal slaughter) is practised in Finland, but there are not sufficient resources for Jewish slaughter, and all kosher meat is imported. [25] [edit] The NetherlandsThe Netherlands do not have a ban, but allow some forms of ritual slaughter due to freedom of religion. The Netherlands, like Switzerland, have considered extending the ban in order to prohibit importing kosher products. Rabbi Melchior, who was serving as Israeli deputy foreign minister at the time of the Dutch debate, said "they simply don't want foreigners and they don't want Jews."[26] [edit] NorwayIn the 1890s, protests were raised in the Norwegian press against the practice of shechita. Although the Jewish community responded to these objections by assuring the public that the method was in fact humane, the controversy continued until 1929, when the Norwegian parliament banned the practice. The ban remains in force today.[27] Efforts to ban shechita put sincere humane society activists in league with antisemitic individuals. In particular, Jonas Søhr used the cause as a means to attack not just the slaughter methods of the small Jewish community in Norway, but also the community itself. Those opposing the ban included Fridtjof Nansen, but the division on the issue crossed party lines in all mainstream parties, except the Farmer's Party, which was principled in its opposition to schechita.[28] A committee was commissioned on February 11, 1927 that consulted numerous experts and visited a slaughterhouse in Copenhagen. Its majority favored a ban and found support in the Department of Agriculture and the parliamentary agriculture committee. Those who opposed a ban spoke of religious tolerance, and also found that schechita was no more inhumane than other slaughter methods. C J Hambro was one of those most appalled by the antisemitic invective, noting that "where animal rights are protected to an exaggerated extent, it usually is done with the help of human sacrifice" [29] The former chief rabbi of Norway, Michael Melchior, argues that antisemitism is one motive for the bans "I won't say this is the only motivation, but it's certainly no coincidence that one of the first things Nazi Germany forbade was kosher slaughter. I also know that during the original debate on this issue in Norway, where shechitah has been banned since 1930, one of the parliamentarians said straight out, 'If they don't like it, let them go live somewhere else.'"[30] [edit] Spain"While Scandinavian countries that have adopted or maintained the ban have strong records of upholding animal welfare, Switzerland and Spain do not. Spain has yet to adopt a national animal welfare law. And such practices as bull fighting and the summer fiestas where goats and donkeys are thrown from the tops of towers have earned Spain fierce condemnation from animal protection groups worldwide. Where some see animal protection, Rabbi Jeremy Rosen sees nothing of the kind."[31] [edit] SwitzerlandThe Swiss banned kosher slaughter in 1893.[32] "In Switzerland, a ban on kosher slaughter has been enforced since 1897, when the people supported this measure through a referendum with clear anti-Semitic undertones. At the time, Jews had recently been granted full civil rights and some Swiss citizens feared an invasion of Jewish migrants from Eastern Europe, who they considered to be unassimilable, foreign and unreliable. By banning the performance of a core Jewish ritual, the Swiss people found a disguised way to limit the immigration of Jews into Switzerland."[11] "Ritual slaughter (the bleeding to death of animals that have not first been stunned) was made illegal in the country in 1893; however, a 1978 Law on the Protection of Animals explicitly allows for the importation of kosher and halal meat. Imported from France and Germany, this meat is available in the country at comparable prices. In 2003, a popular initiative to protect animal rights and prohibit the import of meat from animals bled without stunning was filed; in December 2005, however, the sponsors withdrew their initiative before it had been submitted to a national vote after Parliament adopted a revision of the Law on the Protection of Animals."[5] There was a backlash against a proposal to lift the ban in 2002.[32] "In 2002, when the Swiss government attempted to lift the century-old ban, animal rights activists, extremist political groups (on the left and the right), and unaffiliated citizens expressed violent opposition. They called shechita practice a "barbaric" and "sanguinary," an "archaic tradition from the time of the ghettos," and asked Jews to either become vegetarian or leave the country."[11] [edit] Proposals to extend ban to importsSwitzerland have considered extending the ban in order to prohibit importing kosher products. The Swiss Animal Association called for a referendum on banning kosher imports.[26] Christopher Blocher, a cabinet minister for the Swiss People's Party, has supported calls to ban the import of kosher and halal meat.[33] "A recent survey showed more than three-quarters of the population said they would like to see their government ban even the import of kosher meat. Erwin Kessler, an animal rights activist, has been campaigning vigorously for this. He’s 40,000 short of the 100,000 signatures needed to trigger a referendum to completely ban kosher and halal meat entering Switzerland. Kessler has inflamed the controversy by publicly comparing kosher slaughter to the methods used by Nazis in concentration camps, but denies that his motives are, in fact, anti-semitic."[31] "Should a proposed ban on the import of kosher meat be accepted by the Swiss people in 2006, it will effectively force Jews who observe kashrut to abstain from the consumption of meat. Muslims will also be affected by this move."[11] [edit] United StatesThe United States is one of the countries that has legislation for protection of shehitah: Jewish and Muslim ritual slaughter. Since 1958 the United States has prohibited the shackling and hoisting of cattle without stunning them first. The Humane Slaughter Act defines ritual slaughter as one of two humane methods of slaughter. [34] In Church of Lukumi Babalu Aye v. City of Hialeah 508 U.S. 520 (1993), the United States Supreme Court struck down a ban imposed by the City of Hialeah, Florida on Santeria religious animal sacrifices practiced by the Church as contravening the religious freedoms guaranteed by the Free Exercise Clause of the Constitution of the United States. While the City of Hialeah claimed that its ban on ritual slaughter "not for the primary purpose of food consumption" was motivated by concerns for animal welfare and public health, the Supreme Court held that ample evidence showed that it was in fact motivated by animosity to the Santeria religion and a desire to suppress it:
The Court also found that the city's proffered reasons for its ban simply did not explain or justify it.
The United States Supreme Court held that animal sacrifice and ritual slaughter were practices protected by the First Amendment's guarantee of religious liberty and that government could not enact targeted legislation suppressing religious practices under a guise of protecting animal welfare or promoting public health.
In an investigation by People for the Ethical Treatment of Animals, undercover video was obtained of Kosher slaughtering practices at a major Kosher slaughterhouse run by Agriprocessors in Postville, Iowa.[37] The methods used there involved clamping the animals into a box which is then inverted for slaughter, followed by partial dismemberment of the animal before it was dead. Those methods have been condemned as unnecessarily cruel by PETA and others, including Grandin and the Committee on Jewish Law and Standards, but are endorsed by the Orthodox Union,[38] which supervises the slaughterhouse. An investigation by the USDA resulted in some minor operational changes. A lawsuit under Iowa law is pending. Grandin's comment was "I thought it was the most disgusting thing I'd ever seen. I couldn't believe it. I've been in at least 30 other kosher slaughter plants, and I had never ever seen that kind of procedure done before. ... I've seen kosher slaughter really done right, so the problem here is not kosher slaughter. The problem here is a plant that is doing everything wrong they can do wrong".[39] In 2006 the Orthodox Union, Temple Grandin and Agriprocessors had reportedly resolved their problems.[40] In 2008, though, Grandin reported that Agriprocessors had again become "sloppy" in their slaughter operation and was "in the bottom 10%" of slaughterhouses.[41] [edit] Proposed bans[edit] United KingdomBoth England and Scotland have legislation for the protection of Jewish and Muslim ritual slaughter. The government of the United Kingdom has never introduced or passed any ban on ritual slaughter. [edit] Proposals from animal welfare groupsSince the mid-1980s, proposals have repeatedly surfaced from the animal welfare advocacy groups based on animal cruelty concerns. Most recently, the debate was reignited by the findings of a 2003 report by the UK government funded Farm Animal Welfare Council (FAWC). FAWC, which provides advice to the UK government on livestock animal welfare issues, says that the methods employed in Jewish and Islamic ritual slaughter resulted in "severe suffering to animals" and recommended an end to the current exemptions in British law that permit religious slaughter.[8] FAWC's concern was based on their finding that cattle require up to two minutes to bleed to death when ritual slaughter is employed. Dr Judy MacArthur Clark, chairwomen of FAWC, explained it to the BBC: "This is a major incision into the animal and to say that it doesn't suffer is quite ridiculous."[8] Compassion in World Farming, a European animal welfare organization, voiced support for FAWC's recommendation: "We believe that the law must be changed to require all animals to be stunned before slaughter."[8][broken footnote] Peter Jinman, the president of the British Veterinary Association said on BBC Radio 4's Today programme that veterinarians respected people's religious beliefs but also urged for respecting animals. He continued "We're looking at what is acceptable in the moral and ethical society we live in."[8][broken footnote] Roy Saich, a spokesman for the Humanists movement, is quoted as saying:
"But for the most part, British Jews believe their government when it stresses that this ban has been proposed with the sole intention of minimizing animal distress. But that doesn’t mean they agree with it."[9] [edit] Consistent support of bans from anti-Semitic and anti-Islamic groupsThe far-right British National Front (NF) party, via offering support to the animal welfare groups in their opposition to the ritual slaughter of animals, was able to target Jews and Muslims.[42] An official NF publication at the time announced:
Similar support was offered to animal welfare groups in the mid-1990s by the successor to the National Front, the British National Party (BNP). A report on anti-Semitism in the United Kingdom from the Israel-based Stephen Roth Institute detailed the familiar tactics of the BNP:
Searchlight, an anti-fascist magazine, wrote in February 2003, describing that the BNP again renewed its opposition to Jewish and Islamic ritual slaughter in the wake of the September 11, 2001 attacks. Searchlight gave this description of the party: "Today's BNP is as Islamophobic as it is antisemitic."[44] [edit] See also
[edit] Further readingLegislation protecting shechita : text of laws and regulations in various countries / compiled by Michael L. Munk Munk, Michael L. (co-author) Agudath Israel of America. Legislative Commission of Agudath Israel of America, 1976 THE SWISS AND THE JEWS John M. Efron: The Most Cruel Cut of All? The Campaign Against Jewish Ritual Slaughter in Fin-de-Siècle Switzerland and Germany. Abstracts of 3 touching on Switzerland and anti-shehitah legislation. [edit] References
Categories: Ritual | Antisemitism | European Court of Human Rights cases involving France | Food law | Traditional meat processing | Kosher food | Halal food | Animal welfare | Jews and Judaism-related controversies | Animals in religion | Animal killing | Article 9 of the European Convention on Human Rights | Article 14 of the European Convention on Human Rights | |||||||||
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