Commentary to the judgment of the Constitutional Court of Republic of Slovenia of 25 April 2018 (Case no. U-I-140/14). Freedom of religion and the ban on ritual slaughter

Abstract

This paper studies the case law of the Constitutional Court of April 25, 2018 (Case U-I-140/14). The Constitutional Court found that the constitutionally imposed protection of ani mals from cruelty also includes the efforts of the legislature to prevent, ease, or alleviate unpleasant feelings of pain, stress, and fear that people cause animals. From that aspect, the requirement that the well-being of animals be protected stems from morals and is a constitutionally admissible objective of an interference with freedom of religion. The prohibition of the ritual slaughter of unstunned animals prevents the inflicting of pain that can be avoided. In this respect, the legislator did not exceed his freedom in making law. The prohibition protects a key moral obligation in the Slovene cultural environment in the matter of attitudes towards animals. At the same time, does not excessively interfere with the right to freedom of religion, as Muslims have the opportunity to import halal meat from other countries.