Il difficile bilanciamento tra libertà religiosa alimentare e benessere degli animali nelle società multiculturali europee: il caso della macellazione rituale ḥalāl

The paper deals with ritual halal slaughter as a case study of the multicultural legal regulation of cultural and religious diversity in Europe. In particular, the multi-level (both European and national) legal framework governing halal slaughter is considered in light of the case law by European supreme courts, focusing on the complex balance between conflicting fundamental principles and rights. On the one hand, access to food following one’s religious beliefs can be considered as an expression of religious freedom, specifically in its “dietary” dimension; besides this, the principle of non-discrimination must also be considered. On the other hand, the rights of animals – or, more generally, the promotion of animal welfare emerge as objectives both enshrined in European law and increasingly recognized at the constitutional level. To this challenging picture, which increasingly resembles a “frontal collision”, the logic of the market must be added because the meat slaughtered ritually, according to Islamic religious prescriptions, is also a “marketed product”, supplied by economic operators and consumed by the buyers.