Showing posts with label Halal. Show all posts
Showing posts with label Halal. Show all posts

Tuesday, February 13, 2024

European Court Says Ban on Halal and Kosher Slaughter Does Not Violate Human Rights Convention

 In Affaire Executife van de Moslims van Belgie et Autres c. Belgique, (ECHR, Feb. 13, 2024) [full opinion available only in French], the European Court of Human Rights, in a Chamber Judgment, held that Belgium had not violated Article 9 (freedom of religion) or Article 14 (prohibition of discrimination) of the European Convention on Human Rights when two regions in the country eliminated the exemption permitting ritual slaughter of animals without stunning. The decrees had the effect of prohibiting Halal and kosher slaughter of animals in the two regions. An English language press release from the Court describes the Court's opinion, in part, as follows:

The Court found that there had been an interference with the applicants’ freedom of religion and that this was prescribed by legislation, namely the Flemish and Walloon decrees. 

As to whether the interference pursued a legitimate aim, the Court observed that this was the first time that it had had to rule on the question whether the protection of animal welfare could be linked to one of the aims referred to in Article 9 of the Convention.

Article 9 of the Convention did not contain an explicit reference to the protection of animal welfare in the exhaustive list of legitimate aims that might justify an interference with the freedom to manifest one’s religion.

However, the Court considered that the protection of public morals, to which Article 9 of the Convention referred, could not be understood as being intended solely to protect human dignity in the sphere of inter-personal relations. The Convention was not indifferent to the living environment of individuals covered by its protection and in particular to animals, whose protection had already been considered by the Court. Accordingly, the Convention could not be interpreted as promoting the absolute upholding of the rights and freedoms it enshrined without regard to animal suffering. 

Emphasising that the concept of “morals” was inherently evolutive, the Court did not see any reason to contradict the CJEU and the Constitutional Court, which had both found that the protection of animal welfare was an ethical value to which contemporary democratic societies attached growing importance....

The Court noted that both decrees were based on a scientific consensus that prior stunning was the optimum means of reducing the animal’s suffering at the time of slaughter. It saw no serious reason to call this finding into question.

The Court further observed that the Flemish and Walloon legislatures had sought a proportionate alternative to the obligation of prior stunning, as the decrees provided that, if the animals were slaughtered according to special methods required by religious rites, the stunning process used would be reversible, without causing the animal’s death....

Thursday, February 23, 2023

Alaska Supreme Court Reverses Dismissal of Muslim Inmate's RLUIPA Claims

In Din v. State of Alaska, Department of Corrections, (AK Sup. Ct., Feb. 22, 2023) the Alaska Supreme Court vacated a trial court's dismissal of a suit brought under RLUIPA and the Alaska constitution by a Muslim inmate and remanded the case for further factual development.  At issue was the inmate's requests to pray five time per day using scented prayer oils and to eat halal meat as part of his diet. Prison rules only allowed use of scented oils for weekly outdoor congregate religious activities and only provided vegetarian or vegan meals for those requesting a halal diet. The court concluded that both restrictions imposed a substantial burden on the inmate's religious exercise. It went on:

Prison security is a compelling government interest. But DOC’s position that possessing prayer oils is prohibitively dangerous is difficult to reconcile with the fact that it allows inmates to possess “skin cream/oil.” Inmate and staff health are also important government interests, and DOC asserts that “even a seemingly mild scent may cause an adverse respiratory reaction.” But DOC’s position is difficult to reconcile with its policies allowing prisoners to possess other fragranced items, like deodorant, hair spray, and air fresheners....

DOC also asserts that the estimated additional cost of providing “halal/kosher meals . . . to accommodate all Alaska inmates who claim to need a special halal/kosher diet . . . would exceed $1,000,000 annually.” Din contends that this is not a compelling reason because providing him pre-packaged halal food would cost DOC approximately $7,700 more than the cost of regular meals, a small sum compared to its massive budget. 

Cost management obviously is an important government interest. But Congress contemplated that RLUIPA may “require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise”....

The court also concluded that there are genuine issues of material fact as to whether present policies are the least restrictive means to achieve the state's interests. 

Thursday, October 20, 2022

European Commission Holding Conference on Halal and Kosher Slaughter

Jerusalem Post reports that today in Brussels, the European Commission, in partnership with the Council of Europe, the OSCE and the U.N. Commissioner for Equality, will hold a conference on "Freedom of religion with regard to religious slaughter." According to the European Commission:

The conference will bring together representatives of the European Union (EU) Member States and other national authorities, special envoys and coordinators on combating antisemitism and anti-Muslim hatred, representatives of national Jewish, Muslim and other religious communities, international organizations and independent experts.

Tuesday, June 21, 2022

Belgian Regional Parliament Votes Down Ban On Kosher and Halal Slaughter

JTA reports that in the only portion of Belgium where kosher and halal slaughter is still legal, an attempt to ban those forms of slaughter (i.e. slaughter without first stunning the animal) failed:

The vote Friday in the parliament of the Brussels-Capital Region ... was on whether to scrap a bill proposing a ban. The bill, submitted by liberal and environmentally-centered parties, had been voted down in a committee that kicked it back to parliament.

Out of the 89 lawmakers in the region’s parliament, 42 voted in favor of scrapping, 38 voted against scrapping, eight abstained and one was not present, preserving for now the legality of kosher and halal slaughter in Brussels....

Friday, November 05, 2021

Greek Top Court Bans Kosher and Halal Slaughter

Last week, Greece's highest administrative court-- the Hellenic Council of State-- in a ruling essentially banned kosher and Halal slaughter of animals in Greece. As reported by Israel Hayom:

The ruling saw the court revoke the standing slaughter permit, which was provided through a ministerial decision that exempted ritual Jewish and Muslim slaughter practices from the general requirement to stun animals prior to killing them.

The ruling further called on Greek lawmakers to devise a way to meet the demands of animal rights advocates and the needs of Jews and Muslims who follow the laws about food in their traditions.

According to the Jerusalem Post:

The reason the court gave for the law being balanced is that it allows for “reversible stunning.”

The court said the law limits one specific aspect of the ritual act of slaughter, not the act of slaughter itself; as such, it does not count as interference with religious practice.

Friday, December 18, 2020

European Court Upholds Flemish Restrictions on Halal and Kosher Slaughter

In a case referred to it by Belgium's Constitutional Court, the Court of Justice of the European Union in Centraal IsraĆ«litisch Consistorie van BelgiĆ« and Others v. Vlaamse Regering, (CJEU Grand Chamber, Dec. 17, 2020), upheld a decree of the Flemish government requiring kosher and halal slaughter in the country to use a reversible stunning technique that is inconsistent with Jewish and Muslim religious requirements.  The Flemish government contended:

Electronarcosis is a reversible (non-lethal) method of stunning in which the animal, if it has not had its throat cut in the meantime, regains consciousness after a short period and does not feel any negative effects of stunning. If the animal’s throat is cut immediately after stunning, its death will be purely due to bleeding.... [T]he application of reversible, non-lethal stunning during the practice of ritual slaughter constitutes a proportionate measure which respects the spirit of ritual slaughter in the framework of freedom of religion and takes maximum account of the welfare of the animals concerned.

The European Court said in part:

[T]he Charter is a living instrument which must be interpreted in the light of present-day conditions and of the ideas prevailing in democratic States today ... with the result that regard must be had to changes in values and ideas, both in terms of society and legislation, in the Member States. Animal welfare, as a value to which contemporary democratic societies have attached increasing importance for a number of years, may, in the light of changes in society, be taken into account to a greater extent in the context of ritual slaughter and thus help to justify the proportionality of legislation such as that at issue in the main proceedings....

... [T]he measures contained in the decree at issue ... allow a fair balance to be struck between the importance attached to animal welfare and the freedom of Jewish and Muslim believers to manifest their religion and are, therefore, proportionate.

The Court also issued a press release announcing the decision. Meanwhile, Israel's Ministry of Foreign Affairs harshly criticized the ruling, saying in part:

Beyond the fact that this decision harms the freedom of worship and religion in Europe, a core value of the EU, it also signals to Jewish communities that they are unwanted in Europe. 

Courthouse News Service reports on the decision.

Sunday, September 13, 2020

EU Court of Justice Advocate General Says Ban On Ritual Slaughter Is Invalid

The Court of Justice of the European Union last week released an Advocate General's opinion concluding that a decree of Belgium's Flemish region effectively banning kosher and Halal slaughter violates European Union law.  In Centraal IsraĆ«litisch Consistorie van BelgiĆ« and Others, (Sept. 10, 2020), Belgium's Constitutional Court requested a preliminary ruling on whether the Flemish region can require stunning of animals prior to slaughter.  The Advocate General concluded that the questions referred to the Court of Justice be answered as follows:

Point (c) of the first subparagraph of Article  26(2) of Council Regulation (EC) No  1099/2009 of 24 September 2009 on the protection of animals at the time of killing, read together with Article 4(1) and 4(4) thereof, and having regard to Article 10 of the Charter of Fundamental Rights of the European Union and Article 13 TFEU, must be interpreted as meaning that Member States are not permitted to adopt rules which provide, on the one hand, for a prohibition of the slaughter of animals without stunning that also applies to the slaughter carried out in the context of a religious rite and, on the other hand, for an alternative stunning procedure for the slaughter carried out in the context of a religious rite, based on reversible stunning and on condition that the stunning should not result in the death of the animal.

It had been argued that it should be at least permitted to require stunning that is reversible just prior to slaughter.  The Advocate General rejected this claim, saying in part:

There has also been some debate before the Court as to whether the prior reversible stunning which does not lead to the death of an animal or post-cut stunning of vertebrates satisfies the particular methods of slaughter prescribed by religious rites of both the Muslim and Jewish faiths. In that regard, it would seem that there are divergent views on the matter within both faiths. As I pointed out in my Opinion in Case C-243/19 A. v. Veselibas Ministrija, a secular court cannot choose in relation to the matters of religious orthodoxy:

[Thanks to Law & Religion UK for the lead.]

Wednesday, November 27, 2019

Imam's Interpretation of Halal Held Relevant To Sincerity of Inmate's Beliefs

In Russell v. Pallito, (D VT, Nov. 25, 2019), a Vermont federal district court refused to exclude the testimony of Taysir Al-khatib, the main imam of the Islamic Society of Vermont, who was to be presented as an expert on Islamic dietary laws.  The issue arose in a suit by Justin Russell, a Muslim pre-trial detainee who claimed that Department of Corrections policies fail to provide him and similarly situated inmates a diet that meets their religious requirements. According to the court:
Russell contends that Al-khatib’s expert testimony regarding Islamic dietary law is irrelevant because the proper inquiry for purposes of his claim is whether his beliefs regarding Islamic dietary law are sincerely held, not whether they are correct as a matter of religious doctrine....
More specifically, according to Russell, “[t]he question of whether Muslims may properly subsist on a kosher diet is essentially a question of religious interpretation,” and “the validity of such interpretation is not a fact of any consequence in determining the action, and is therefore irrelevant.”
The court went on to hold:
The Court recognizes Russell’s concern regarding conflation of the sincerity and verity of his religious beliefs, and remains cognizant of its duty to refrain from adjudicating intra-faith disputes.....
But that fact alone does not render Al-khatib’s testimony about Islamic dietary requirements irrelevant as a matter of law.... Rather, evidence that some members of Russell’s religious community hold a contrary interpretation of Islamic dietary requirements may be valuable to a jury in assessing the sincerity or religious nature of Russell’s beliefs as well as whether Defendants’ actions substantially burdened those beliefs.

Thursday, February 28, 2019

EU Court of Justice: Halal and Kosher Meat Cannot Be Sold As Organic Without Pre-Slaughter Stunning

In Œuvre d’assistance aux bĆŖtes d’abattoirs (OABA) v. Ministre de l’Agriculture et de l’Alimentation, the Court of Justice of the European Union in a Grand Chamber opinion held that under EU regulations, the EU Organic logo cannot be used for animals which have been slaughtered in accordance with Halal or kosher religious rites without first being stunned.  A ruling by the Court of Justice had been requested by French authorities in a case involving a challenge to the marketing of Halal beef products as organic. The Court also issued a press release summarizing the decision.  The Independent, reporting on the decision, says that 88% of the animals slaughtered as Halal in Britain are stunned before slaughter. Kosher slaughter cannot use pre-slaughter stunning.

Thursday, January 24, 2019

Belgium's Top Court Hears Arguments On Kosher/ Halal Slaughter Ban

Hamodia reports on lengthy oral arguments yesterday before Belgium's Council of State-- the country's highest court-- on laws that effectively ban kosher and halal slaughter by requiring animals be stunned before slaughter.  The ban has been enacted in Wallonia and Flanders regions. Separate suits were filed challenging each of the laws. (See prior posting). Jewish and Muslim groups claim that the laws violate Belgium's constitution and the European Union's Charter of Rights. According to Hamodia's report:
During the session, attorneys summarized the arguments submitted in briefs in December 2017, when the case was filed. Key points that Jewish groups have made are that, in addition to the law’s violation of freedom of religion, the law inhibits the professions of shochtim and kosher butchers and discriminates against Jews and Muslims. Briefs also cite fishermen and hunters as examples of groups who kill animals in different ways but are unfettered by the law....
The high court will likely release some response on the case in the coming months, but it might avoid a decision for the time being by referring the matter to the EU’s Court of Justice in Luxemburg. Should they take this route, a final decision could be delayed by more than a year.

Wednesday, January 09, 2019

NYT Editorializes On Ritual Slaughter Restrictions

The New York Times editorial board today stepped into the debate in some European countries over kosher and halal slaughter, as a law in the Flemish Region of Belgium banning slaughter without first stunning of animals takes effect. (See prior posting.)  The Times says in part:
Right-wing politicians in several countries have used controls on such religious practices to press bigoted agendas under the cloak of battling for civil or animal rights....
The pretexts of some politicians does not mean all those who insist on stunning have dubious motives. Animal-rights activists have long campaigned, justifiably and successfully, for the humane treatment of animals destined for the table. Many earnestly believe that slashing the neck of a conscious animal causes more suffering than stunning the animal first....
But those who really care about the welfare of animals should be wary of making common cause with right-wing nationalists whose hostile intent is to make life more difficult for religious minorities. A real conversation on balancing animal rights and religious freedoms can take place only if it is free of hidden bigotry.

Sunday, September 23, 2018

European Court's Advocate General Says Halal and Kosher Meat Can Be Labeled "Organic"

In a September 20 press release, the Court of Justice of the European Union announced the proposed finding of the Advocate General in a reference from France's Administrative Court of Appeal on whether under EU rules halal and kosher meat may be labeled as "organic":
[T]he Advocate General proposes that the Court find that the Regulation on organic production and labelling of organic products and the Regulation on the protection of animals at the time of killing do not prohibit the issue of the European ‘organic farming’ label to products from animals which have been the subject of ritual slaughter without prior stunning carried out in the conditions laid down in the latter regulation.
The Advocate General said, in addition however, that a contrary ruling would not be an interference with freedom of worship. [Thanks to Paul deMello Jr. for the lead.] 

UPDATE: Here is the full text of the Advocate General's opinion in  Å’uvrestance d’assistance  aux bĆŖtes d’abattoirs (OABA) v. Ministre de l’Agriculture et de l’Alimentation.

Wednesday, January 24, 2018

KFC Franchisee Loses Right To Advertise Halal Chicken

In Lokhandwala v. KFC Corporation, (ND IL, Jan. 23, 2018), an Illinois federal district court strictly enforced the provisions of a franchise agreement and upheld KFC's policy of barring a franchisee from advertising that it sells Halal chicken. While KFC allowed the marketing of Halal chicken by plaintiff for 14 years, in 2016 or 2017 it revoked consent based on a 2009 company policy prohibiting franchisees from making religious dietary claims.  The policy was based on concerns about varying religious standards and compliance difficulties.  Courthouse News Service reports on the decision.

Wednesday, November 29, 2017

Suit In Belgium Challenges Wallonia's Ban On Kosher Slaughter

In Belgium yesterday, the Coordinating Committee of Jewish Organizations of Belgium (CCOJB) filed suit in the country's Constitutional Court challenging a law passed in May by the parliament of the Walloon Region that effectively bans kosher and halal slaughter.  A similar lawsuit is likely to be filed early next year challenging a similar law passed in July by the parliament of Flanders-- where half of Belgium's Jews live and where many kosher slaughtering facilities are located.  Reporting on the lawsuit, European Jewish Press quote the president of CCOJB who said:
Irrespective of its justification, a ban on kosher meat production sends a message to Belgian Jews that they can choose between living in Belgium and practicing their religion, but they cannot do both. It sends a clear message to Belgium’s Jewish and Muslim communities that they are not welcome here. This is a violation of Belgian constitutional principles,  EU law, and the freedom of religion enshrined as a fundamental right - we will challenge it as such, in Wallonia and in Flanders.”
While the law was pending, a regional court had questioned its constitutionality. (See prior posting.)

Tuesday, August 29, 2017

French Court Says School Must Offer Muslim Children An Alternative To Pork At Lunch

According to The Guardian yesterday, in France a trial court judge has told local officials that they must re-institute a policy of offering an alternative to pork meals for school lunches. A court in Dijon told officials in Chalon-sur-SaĆ“ne that a refusal to offer an alternative for Muslim children is not "in keeping with the spirit of the international convention on the rights of children" nor "in the interests of the children." The the mayor of Chalon-sur-SaĆ“ne, a member of the right wing Les RĆ©publicains party, argued that by requiring all children to eat together, the city was upholding the French Republic’s principle of laĆÆcitĆ©  (secularism). The city plans an appeal.

Wednesday, July 26, 2017

KFC Franchisee Sues Over Right To Sell Halal Chicken

In Illinois, the owner of eight Chicago-area Kentucky Fried Chicken franchises sued the franchisor, KFC, Inc. in federal court after it attempted to enforce a provision in the franchise agreement that effectively would destroy the ability of the 8 stores to sell halal chicken.  In Lokhandwala v. KFC Corp., (ND IL, filed 7/24/2017), the complaint (full text) alleged that in 2016 the company for the first time claimed that it had a long-standing policy of prohibiting religious claims about Kentucky Fried Chicken products.  The policy was aimed at preventing lawsuits and customer confusion.  The Halal Food Disclosure Requirements of Illinois law require sellers of halal food to post a disclosure statement identifying the distributor and slaughter facility. Plaintiff alleges contract law claims, as well as claims under the Illinois Franchise Disclosure Act, the Illinois Consumer Fraud and Deceptive Trade Practices Act. Courthouse News Service reports on the lawsuit.

Friday, May 26, 2017

Suit Charges Dearborn Pizza Store With Serving Pepperoni As Halal

Detroit Free Press reports on a class action lawsuit filed yesterday in a Michigan state trial court against Little Caesars claiming that the chain's pizza store in Dearborn placed pizza topped with pork-based pepperoni in boxes marked Halal.  The suit which seeks $100 million in damages says that plaintiff Mohamad Bazzi has encountered the problem twice, once in March and once this week. Plaintiff claims breach of contract, negligent misrepresentation, unjust enrichment and fraud.  Bazzi's attorney says the suit was filed rapidly ahead of Ramadan which begins this evening so that other Muslims would not accidentally eat pork from the pizza outlet during the holy days.

Thursday, June 30, 2016

Belgian Council of State Says Proposed Ban On Ritual Slaughter Is Unconstitutional

JTA reported yesterday that in Belgium, the Council of State has issued an advisory opinion that proposed legislation to ban ritual slaughter would be overturned by the country's constitutional court as a violation of religious freedom.  The bill to end halal and kosher techniques in which animals are not stunned before slaughter was filed last month by the Green Party of the Flemish Region and is strongly supported by animal welfare minister, Ben Weyts of the New Flemish Alliance. It is largely a reaction to a legal fight by Muslim leaders in the Flemish region seeking to overturn the region's ban on the mobile temporary slaughtering areas that have been set up in previous years ahead of Eid al-Adha (the Festival of the Sacrifice). (Background.)

Thursday, September 10, 2015

Guilty Pleas In Indictment For Exporting Meat Falsely Labeled As Halal

According to the Des Moines Register, yesterday Midamar Corp. and Islamic Services of America each pleaded guilty in federal court in Iowa to one count of conspiracy to make false statements on export certificates, sell misbranded meat and commit wire fraud in the export to Malaysia and Indonesia of beef products purporting to be Halal. Each company will forfeit $600,000 in profits and may face probation and additional fines at sentencing. The related companies and their principals were indicted last year. (See prior posting.) Midamar’s founder, Bill Aossey Jr., was convicted earlier this summer of falsifying documents, while Aossey’s two sons who are directors of Midamar will enter guilty pleas on Friday. (See prior related posting.)