13 US-China L. Rev. 1 (2016)

handle is hein.journals/uschinalrw13 and id is 1 raw text is: 






US-CHINA LAW REVIEW


VOL.  13                    January  2016                       NO.  1


   THE   LIMITATION OF ANIMAL PROTECTION FOR
          RELIGIOUS OR CULTURAL REASONS

                            Olivier Le Bot*

         The relationship between the animal protection and the respect of
     tradition is an important issue in Animal law. The question is examined
     from a perspective which is both empirical and comparative. The case-law
     of several countries and legal systems have been taken into account:
     United-States, Israel, Poland, Brazil, European Court of Human Rights,
     International Court of Justice. In the light of the courts decisions, it
     appears that, tradition tends to prevail over protection when a religious
     tradition is at stake. However, when a superior norm of protection is
     invoked, this usually leads to an overruling of a regulation or a legislation
     allowing mistreatment of animals.

INTRODUCTION.......................................................... 1
I. FIRST DIMENSION: THE LAW FORBIDS ANIMAL  ABUSE  COMMITTED   IN THE
NAME  OF TRADITION                      ...................................................3
    A.    Legislation Which Protects the Sensitivity ofAnimals against
Tradition Exists         ........................................ ..... 3
     B.   Ritual Slaughter...................................... 3
     C.   Hunting with Hounds.    ......................    ........... 6
II. SECOND DIMENSION: THE LAW  AUTHORIZES  ANIMAL  ABUSE  ON THE
BASIS OF A TRADITION          .................................................7
    A.    First Situation: A Superior Norm Protecting Animals Exists....... 8
    B.    Absence of Superior Norm: The Question of a Differentiation.. 11
CONCLUSION                         ......................................................... 11

                            INTRODUCTION

     Modern  legislation concerning animal  protection is justified by
animals' sensitivity. Since the 19th century, we have  been  protecting




* Professor of Public Law at Aix-Marseille University. Research fields: Constitutional Law,
Administrative Law, Animal Law.


doi: 10.17265/1548-6605/2016.01.001


1I

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