| 英文摘要 |
The question how to protect the welfare of anmials without any unconstitutional violation against basic rights remains an essential issue both in the German legal literature and practice for a long time. In 2002 the so-called “Schächt-Urteil” by the German Federal Constitutional Court, which concerned a prohibition on slaughtering animals without anesthesia and its exception for religious reasons, aroused a fierce debate among the society. As a result, an animal protection clause was added to Article 20a of the German Constitution. This paper analyzes and comments on the mentioned decison and decisions by other courts of Germany, which dealt with similiar cases. The discussions above are taken as example to examine the legislative and executive practice in terms of the animal protection in Taiwan. This paper will also suggest, how a possible balance between the protec- tion of religious freedom on the one hand and the promotion of animal welfare on the other hand could be achieved, with examples of two special local cases about religious ceremonies. And at last, it will be suggested, how the inherent deficiencies in the related legal norms should be corrected. |
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