World Jewish News
Poland’s Ombudsman, Prof. Irena Lipowicz.
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After legal analysis, Poland’s Ombudsman turns to the country’s Prime Minister : new law is necessary to regulate ritual slaught
06.02.2014, Jews and Society Poland’s Ombudsman, Prof. Irena Lipowicz, has approached Polish Prime Minister Donald Tusk on the indisputable need to start appropriate legislative work to comprehensively regulate ritual slaughter in the country.
Since January 1st, 2013, the law in Poland strictly prohibits the ritual slaughter of animals. Kosher and halal slaughter were both banned after the Constitutional Court, ruling in November 2012 on a motion from animal rights groups, deemed it incompatible with animal rights legislation.
Slaughter without prior stunning is required in the Jewish religion.
After receiving last year a complaint from the European Jewish Association (EJA), a Jewish umbrella group that is leading the fight against the ban of shechita or Jewish ritual slaughter, the Polish Ombudsman started an investigation procedure and made a detailed analysis of the legal situation.
Based on this analysis, Prof Lipowicz filed relevant application to the Prime Minister with an indication of the obligation to create laws ensuring protection of the rights of citizens. The Ombudsman of the Republic of Poland is an institution which, among others, is responsible for addressing cases to the Constitutional Court.
According to Roman Giertych, the Polish lawyer representing the European Jewish Association, “in the opinion of the Ombudsman the current legislation is illegible and the government should immediately start the legislative work.’’
‘’I have repeatedly explained the inconsistency of the introduced ban on ritual slaughter with the Polish Constitution as well as with the Law on the State's relationship with the Jewish religious communities. The position of the Ombudsman meets the expectations of the Jewish community,’’ he added.
According to the Ombudsman, the ruling of the Constitutional Court will have a decisive impact on the legal situation. The question of the constitutionality of the provisions on the prohibition of ritual slaughter has been directed to the Constitutional Court by the District Court in Białystok.
However, the Constitutional Court may only order a change in the law while the government will be responsible for proposing and implementing the new solutions. Due to this fact, the Ombudsman approached directly the Prime Minister and pointed to the need to solve the issue of ritual slaughter in a way that protects the rights of the citizens.
Rabbi Menachem Margolin, EJA’s Director General, reacted very positively to the Ombudsman’s decision to refer to the Prime Minister, calling it ‘’the best solution which can quickly and efficiently lead to lifting of present laws restricting the rights of the Jewish minority.’’
"The ban on ritual slaughter was introduced in violation of the existing law in Poland. It is infringing the principle of religious freedom which is fundamental in the European countries. I hope that the Polish government will react quicklyand prepare appropriate solutions , which should not limit the rights of the Jews to profess and practice their religion", he said.
This ban, the EJA says, violates the freedom of the minorities, in particular their freedom of religious belief. The right to manifest religion or belief in worship, teaching, practice and observance is granted by the Charter of Fundamental Rights of the EU and other EU regulations.
According to the EU Council Regulation No 1099/2009, which is in force in Poland, in the case of animals slaughtered according to specific methods prescribed by religious rites, slaughter without stunning is allowed, provided that it is carried out in a slaughterhouse ( Article 4 paragraph 4).
This exception was introduced by the EU legislator just for the sake of the minorities and religious communities. But the final decision on respecting the rights of minorities is taken by each Member State. Thus, the EU regulations may not in any way justify ban ritual slaughter.
On the basis of the Polish law, the ban on ritual slaughter is inconsistent with the Constitution of the Republic of Poland (Art.25 , art.53 ) and with the Law on the State's relationship with the country’s Jewish communities. Both of them strictly granted them freedom of religion.
EJP
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