The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat since it was isolated from other anmals and was sacrosanct to them.
Held: The article 9 human rights of the claimants were engaged, and the proposed action would be a gross interference in those rights. It was therefore for the respondent to justify the action by showing a pressing social need. The decision had been reached without sufficient regard to the claimants’ religious freedoms, and would be quashed. The court noted however that a properly reached decision might be the same.
Judges:
Hickinbottom J
Citations:
[2007] EWHC 1736 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – X v Netherlands ECHR 1962
As a legitimate aim, a Government may rely upon ‘the protection of public . . health’, which includes the health of animals as well as of humans. . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
Application for leave to appeal to House of Lords – refused. However ‘on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible . .
Cited – Jewish Liturgical Association Cha’are Shalom Ve Tsedek v France ECHR 27-Jun-2000
The applicants, ultra-orthodox jews, challenged the regulation of ritual slaughter in France, which did not satisfy their exacting religious standards.
Held: The applicants’ right to freedom of expression was not limited by the controls on the . .
Lists of cited by and citing cases may be incomplete.
Ecclesiastical, Animals, Administrative, Human Rights
Updated: 04 December 2022; Ref: scu.258160