RELIGIOUS SLAUGHTER AND ANIMAL WELFARE: A COMPARATIVE LEGAL STUDY OF KAZAKH AND EUROPEAN LEGISLATIONS

Abstract

Background: In Kazakhstan, until recently, issues regarding the responsible and humane treatment of animals were unregulated. The first law, “On Responsible Treatment of Animals,” was adopted in 2021, defining the place of animals in the system of public relations and guaranteeing their protection. However, the law includes an exception regarding the slaughter of animals during religious ceremonies, which has caused discussions and disputes between public organisations for the protection of animals and religious communities. Impressive results of balancing animal welfare with religious freedom can be found in the EU. This article conducts a comparative legal study of Kazakh and some EU Member State legislations with regard to religious slaughter. Methods: This study employed various methodologies, utilising both theoretical and empirical approaches. These methodologies encompassed the comparative legal method, which allowed the authors to analyse and research foreign experience in animal rights protection to pinpoint the most important features applicable to Kazakh legislation. Statistical data was also collected to identify patterns and trends. Based on this, a forecast was made indicating a growing population, thereby suggesting an increase in animal consumption and utilisation. Therefore, this article on the protection of animal rights is a timely and relevant study. Moreover, the authors conducted an analysis of specific cases from foreign countries, aiding in the identification of the features and challenges of law enforcement practice. The dialectical method was central to examining the research problem. It enabled the identification of contradictions and interrelationships between classical and religious methods of mortification. Results and Conclusions: Based on the study’s results, several practical proposals are put forward to eliminate or regularise the existing legislative derogation in respect of religious slaughter. The present contribution concludes that the Kazakh legal framework on animal rights protection has shortcomings that require improvements by enshrining specific methods of animal slaughtering, which can be drawn on European experience.