Ritual slaughter and animal welfare under renewed scrutiny

The Council of State has issued its opinion on a private member’s bill proposed by MP Esther Ouwehand (Party for the Animals) to make stunning animals mandatory before ritual slaughter. The proposal directly affects daily practice within the meat processing sector and once again highlights the tension between animal welfare and freedom of religion.

Bill aims to reduce suffering during slaughter

The proposal seeks to minimize fear, stress and suffering among animals kept for the production of animal products during the slaughter process. Ouwehand proposes five measures, including a mandatory stunning requirement prior to ritual slaughter and a ban on trading pregnant mammals from 40 percent of their gestation period onwards if they are intended for slaughter.

More leeway in European case law

The Advisory Division assessed the proposal in light of the protection of freedom of religion, the importance of animal welfare and recent European case law. That case law shows there is now greater room to give more weight to animal welfare when assessing limitations on religious freedom. Member States are not obliged to ban ritual slaughter without stunning, but such a ban may be compatible with freedom of religion under certain conditions. According to the Council, the proposal provides sufficient grounds for a broad parliamentary debate in which both interests can be carefully considered.

Uncertainty about ban on pregnant animals

The Advisory Division raised concerns about the proposed ban on trading pregnant mammals for slaughter. The opinion states that the practical feasibility and enforceability of the measure have not been sufficiently explained. As the proposal lacks a transition period, the Council considers its effective implementation vulnerable. In addition, criminalizing violations of this ban could, in some cases, be disproportionate. The initiator is therefore advised to provide stronger justification for this measure or to withdraw it before the House of Representatives considers the proposal.

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