About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most