Prawo mniejszości narodowych do kultywowania własnej tożsamości kulinarnej
Right of national minorities to cultivate their own culinary identity

Summary/Abstract: The Polish Constitution does not contain any standards directly relating to the protection of animals, and the more the slaughter of animals. In 2012, the issue of legality of rituals laughter become current because of the Constitutional Tribunal’s judgment declaring the regulation allowing the slaughter to be unconstitutional. However, the Tribunal stated so for procedural reasons and did not judge the merits of the constitutionality of the slaughter. In this respect the constitutional standard concerning the rights of national and ethnic minorities (Article 35) and freedom of religion (Article 53) can be relevant. According to the current legal status the ritual slaughter is prohibited. This ban violates the essence of the rights of national and ethnic minorities guaranteed in Art. 35 of the Constitution, and deprives them of the important decisive factor of cultural identity. It also affects the substance of religious freedom guaranteed by Art. 53 of the Constitution as it makes it difficult to practice the elements of religion, which are associated with ritual slaughter. It should also be noted that the values protected by the Constitution, and public morality in particular(Art. 31 p. 3, Art. 53 p. 5), suggest to limit ritual slaughter to the amount needed to satisfy the consumption needs of the respective groups.

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