NR ZDZB

AU Jentzsch,R.

TI Das rituelle Schlachten von Haustieren in Deutschland ab 1933

QU Vet. med. Diss. Tierärztliche Hochschule Hannover, 1998

IA http://elib.tiho-hannover.de/dissertations/98jentzsch-r.pdf

PT Dissertation

AB The study surveys the development of both legislation and legal decisions with regard to the slaughtering of warm-blooded animals. It examines the ritual slaughtering of the Jews. (shechita) on the one hand, and of the Moslems ("dabh") on the other hand. The period of the analysis reaches from the proclamation of the Law on the Slaughtering of Animals of 21-04-33 to the end of the year 1997. As sources of the legal provisions, there were mainly used the official gazettes of some Districts and of most of the States, of the Reich, of the Federal Republic of Germany, of the German Democratic Republic, and of the European Communities. Literature about veterinary and legal sciences has systematically been reviewed for references to sentences and legal decisions.While 1933 the legislation was coined by the political situation, after 1949, legal setting and decisions reflected the changing sensibility to animals" protection. Before 1945, shechita was the matter of legal dispute, more recently, the discussion has centred on the ritual slaughtering of the Moslems, with different arguments. Nowadays, the ritual slaughtering of the Moslems is, de facto, forbidden, shechita is performed in some cities for the needs of the residential Jewish population.The "Gesetz über das Schlachten von Tieren" ("Law on the Slaughtering of Animals") of 21-04-33 was part and parcel of the Third Reich"s policy against Jews implicating a nation wide practical inhibition of shechita by decreeing a general obligation of stunning before slaughtering. It was no "bill-out-of-the-drawer". For the first time, there was an uniform law on slaughtering valid in the whole of Germany, with the exception of the German part of the area of Upper Silesia subject to plebiscite. There, from 1934 to 1937, the inhibition of shechita was suspended because of the "Deutsch-Polnisches Abkommen über Oberschlesien" ("German-Polish Agreement on Upper Silesia") of 1922. Thereby, an unbearable state of diverging legislation on slaughtering was ended, top down to the communal level. Contravening the rule of stunning was considered an offence, since the enactment of the "Tierschutzgesetz" ("Animal Protection Law") of 24-11-33, it was taken for a crime.In 1934, the Oberlandesgericht Darmstadt" (Higher Regional Court in Darmstadt) sentenced a one year"s imprisonment and imposed a fine of RM 500,-, and a ten month"s imprisonment and a fine of RM 250,-, respectively, for violation of the Animal Protection Law. In 1937, the "Oberlandesgericht Breslau" (Higher Regional Courtin Breslau) repeatedly confirmed that in Upper Silesia shechita is permitted only to cover the requirements of the Jewish congregations, there.In 1945, the inhibition of shechita became invalid after the occupation of the Reich by the Allied Forces. In different regions of Germany, different legal regulations ware established with regard to ritual slaughtering. Thus, by the virtue of the occupation regime, the legal provisions concerning slaughtering were again diversified, this situation continuing until 1997.After the constitution of the Federal Republic of Germany in 1949, the ordinance on slaughtering in the actual versions, and the special Bavarian ordinance on slaughtering remained valid as State Laws. Of the Law on slaughtering, the paras 1 and 2, and of the Hessian Law on slaughtering, the paras 1 to 4, became parallel State laws. Of the Law on slaughtering, the para 3 changed to parallel Federal law. Of the Hessian Law on slaughtering, the para 5 was considered parallel and partial Federal Law in Hesse.Following the "Einführungsgesetz sum Strafgesetzbuch (EGStGB) Introductory Law on the Penal Code") of 1974, unlawful ritual slaughtering was considered only contrary to order. The Verordnung zum Schutz von Tieren im Zusammenhang mit der Schlachtung oder Tötung (Tierschutz-Schlachtverordnung - TierSchlV)" ("Ordinance Concerning the Protection of Animals in Connection with Slaughtering or Killing") of 03-03-97 contained some special regulations regarding ritual slaughtering. For the first time, the "Erstes Gesetz zur Anderung des Tierschutzgesetzes" ("First Amendment to the Animal Protection LaW) of 1986 permitted ritual slaughtering by the way of exception as long as it was covered by the religious obligations.After the Second World War, the first sentence on shechita was released by the "Bundesgerichtshof (Federal Court of Justice) in 1960. The inhibition of shechita was declared a national socialistic illegal measure. It was not until 1979 that the . Verwaltungsgericht Berlin" (Administrative Court in Berlin) negotiated a suit owing to the inhibition of slaughtering according to Moslem custom by administrative authorities, and declared this unconstitutional, because a ritual slaughtering be under the protection of article 4, para 2, of the "Grundgesetz für die Bundesrepublik Deutschland" ("Basic Law of the Federal Republic of Germany"). This sentence was followed by similar legal decisions, until in 1989 the "Verwaltungsgericht Hamburg" (Administrative Court in Hamburg) judged that an inhibition of the ritual slaughtering by Moslems could be possible, because there are
o religious obligations for Moslems. There were other sentences with the same intent, because the courts either considered animal protection constitutional, or exempted ritual slaughtering from the protection of article 4, para 2, of Basic Law. Finally, the "Bundesverwaltungsgericht" (Federal Administrative Court) confirmed these sentences by its decision of 15-06-95.

SP englisch

PO Deutschland

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