||All England Reporter
|| All ER (D) 227 (Jul)
||Queen's Bench Division (Administrative Court)
Judge Hickinbottom sitting as a High Court judge
||David Anderson QC and Maya Lester (instructed by Bindmans & Partners) for the claimant.
||Clive Lewis QC and Joanne Clement (instructed by the Treasury Solicitor) for the defendants.
||16 July 2007
Human rights and freedoms - Freedom of religion - Protection of freedom - Claimant owner of bullock - Bullock 'temple bullock' at religious temple - Bullock testing positive for bovine tuberculosis - Government issuing notice for slaughter of bullock - Claimant contending proposed slaughter infringing their right to religion - Whether right to express religious beliefs infringed by proposed slaughter - Whether government correctly carrying out balancing exercise - European Convention on Human Rights, art 9.
Human rights and freedoms Freedom of religion. The government had failed to carry out the necessary balancing exercise required by art9 of the European Convention on Human Rights when determining to destroy the animal in question because of the risk of bovine tuberculosis. The animal was the temple bullock of the claimant religious group, and the government had been required to balance the requirements of public health with the claimant's right to freedom of religion.
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