Innovating Food,Innovating the LawPiacenza , October 14 2011

Food and religious rightsAntonio G. Chizzoniti

antonio.chizzoniti@unicatt.it

Innovating Food, Innovating the Law

Food and religious rightsAntonio G. Chizzoniti – antonio.chizzoniti@unicatt.it

free e-book on

• webpage of the Dipartimento di Scienze Giuridiche di Piacenza:http://dipartimenti.unicatt.it/scienzegiuridiche_2133.html

Innovating Food, Innovating the Law

Food and religious rightsAntonio G. Chizzoniti – antonio.chizzoniti@unicatt.it

Food and Religion Identity

Religious Law -> Religious Dietary Prescriptions (RAR – Regole Alimentari Religiose)

Religious dietary prescriptions

• Consuption• Production• Distribuction

Innovating Food, Innovating the Law

Food and religious rightsAntonio G. Chizzoniti – antonio.chizzoniti@unicatt.it

Religious Dietary Prescriptions Consumption

• prohibition of …• prohibition for a period of time … • prohibition of … for a period of time …

• obligation to eat … (ritual food)

Religious Dietary Prescriptions• personal food preparation -> Consumption• industrial Food Preparation -> Production and Distribution

Industrial Food Production • Religious production standards certification• Marks (e.g. Kosher, Halal)

Innovating Food, Innovating the Law

Food and religious rightsAntonio G. Chizzoniti – antonio.chizzoniti@unicatt.it

Italian Law (1)Constitutional Principles on Law and Religion

Freedom of religion (art. 19 it. Const.) Non Discrimination (art. 3 it. Const.) Bilateral agreement principle (art. 7.2 and 8.3 it.

Const.) Separation between State and Churches (art. 7.1 –

8.2) Secularism Pluralism

Innovating Food, Innovating the Law

Food and religious rightsAntonio G. Chizzoniti – antonio.chizzoniti@unicatt.it

Italian Law (2)MATTERS

Ritual slaughtering (Regulation June 11, 1980) Agreement with the Jewish community (art. 6.2 and 7.2 law no.

101/1989) Penitentiary Law (Regulation no. 230/2000, art. 11 par. 4) and

Immigration Law (Regulation 2005) National Bioethics Committee (“Differentiated Diet and

Interculturalism. Bioethical guidelines”, 2006) Agreement between the Lombardia and the Jewish Community

of Milan for the service of religious assistance in health care and hospitalization (March 11, 2009)

Innovating Food, Innovating the Law

Food and religious rightsAntonio G. Chizzoniti – antonio.chizzoniti@unicatt.it

EUROPEAN LAW

Ritual slaughtering (Directives…)• Lisbon Treaty (art. 13): (now in Consolidated version of the

Treaty on the Functioning of the European Union)In formulating and implementing the Union’s agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.

“animal welfare” vs. “religious rites (or rights?)”

Innovating Food, Innovating the Law

Food and religious rightsAntonio G. Chizzoniti – antonio.chizzoniti@unicatt.it

FOOD AND RELIGION: ECONOMIC ISSUES

Industrial Food Production • Religious production standards certification• Marks (e.g. Kosher, Halal)