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Ethical Veganism as Protected Belief: What the European Court of Human Rights just affirmed

This ECHR judgment matters for vegan advocacy because it provides a legal foundation for veganism as a protected belief. It recognizes opposing the exploitation of animals is an ethical and lifelong commitment, which can be as deep and as identity-forming as any conviction. The judgment also underscores a broader truth: the EU states cannot use procedural barriers to avoid its obligations to those in its care, and that vegan nutritional constraints must be considered. 

 

EMILIA A. LEESE: In a first, the European Court of Human Rights (“ECHR”) has held ethical veganism meets the required level of cogency, seriousness, cohesion and importance for protection under Article 9 of the European Convention on Human Rights (freedom of religion, thought, conscience)…

Two Swiss nationals, one of whom was in pre-trial detention and the other was in involuntary psychiatric hospitalisation, were unable to secure fully vegan diets during their respective periods of state custody… Both applicants tried to challenge the failure to accommodate their diets and failed on procedure not merits… The authorities responded to their complaints with letters, not formal “decisions” which could be appealed…

The ECHR held the applicants’ vegan convictions met the required level of cogency, seriousness, cohesion and importance to fall within the scope of freedom of thought and conscience… The ECHR drew on previous recognition of veganism by the European Commission… and noted that Council of Europe member States increasingly treat veganism as a non-religious belief. It also referenced comparative rulings in Germany, Italy, the UK, where ethical veganism has been recognised as a philosophical belief.

And to be absolutely clear, the ECHR recognised this isn’t about religion; it’s about strongly held conviction which has a coherent framework shaping daily life and a recognition that opposing the exploitation of sentient beings is an ethical position, not merely a dietary preference…

The ECHR didn’t question the validity of the applicants’ vegan beliefs. It didn’t require them to prove veganism was true or correct. It simply assessed whether their convictions were genuine, consistent, and serious enough to warrant protection, and found they were…

The ECHR didn’t rule that every prison or hospital must offer a vegan menu. It acknowledged states have a margin of appreciation and that organisational, financial, and nutritional constraints must be considered.

But the ECHR did say when faced with genuine vegan beliefs, authorities must engage with the request in substance… This aligns with the ECHR’s finding that the majority of Council of Europe member states agree on “the necessity to take requests for such diets into account”…

This judgment matters for vegan advocacy because it provides a legal foundation for veganism as a protected belief. In contexts where vegans face discrimination or exclusion, for example in prisons, hospitals, schools, or workplaces, this ruling may strengthen the case for reasonable accommodation…

This judgment challenges that framing. It recognises opposing the exploitation of animals is an ethical and lifelong commitment, which can be as deep and as identity-forming as any conviction.

The judgment also underscores a broader truth: the state cannot use procedural barriers to avoid its obligations to those in its care. When a person is in state custody, they’re vulnerable, can’t provide for themselves and they rely on the state for food, shelter, and dignity. If the state fails to respect their deeply held convictions, it must be accountable, not hidden behind administrative procedures…

And all of this is a significant step forward. What’s left for us to do is to continue to live with the courage of our convictions. No matter how hard or futile they may seem or society wants us to believe they are, our antispeciesist vegan convictions are what will change the world. SOURCE

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