Samenvatting

In order to promote animal welfare, the regional legislators in Flanders and Wallonia have recently adopted rules that require animals to be stunned prior to slaughter. These rules put an end to the previously existing exception for (Jewish and Muslim) religious slaughter. In this judgment, the European Court of Human Rights ruled that, although this infringes on freedom of religion, this may be justified as necessary in a democratic society for the protection of morals. The interpretation of the ECHR as a ‘living instrument’ can not only lead to a broadening of the freedom of the citizen, but also to an expansion of the possibilities of restricting religious freedom in this case due to recent shifts in moral views in society. This undermines the guarantee of fundamental rights in the Convention. This is a cause for concern when it comes to religious freedom in a highly secularised society.