Animals as Objects of Ritual Slaughter: Polish Law after the Battle Over Exceptionless Mandatory Stunning

The paper discusses the problem of the legal duty to stun animals when slaughtered in the context of specific religious rites to kill animals practiced by Jewish and Muslim communities. After Polish law had abolished exception from mandatory stunning existing for ritual methods of killing farm animals the exceptionless duty of stunning animals when killed has been reviewed by the Polish Constitutional Tribunal which resolved that it violates the constitutional freedom of religious practices. The reasoning of the Tribunal as well as some critical comments over the judgment are presented and critically appraised. The authors advocate the view that the deliberate infliction of pain or suffering on sentient creatures is a legitimate ground to limit the freedom to practice religious beliefs.