This week, the European Court of Human Rights (ECHR) ruled against Switzerland, finding that public institutions, such as prisons, must provide a fully vegan diet to detainees whose commitment to veganism amounts to a protected philosophical conviction.
In a judgment issued in Strasbourg, the court reaffirmed that freedom of thought, conscience and religion is a cornerstone of a democratic society. It held that veganism, when sincerely and consistently practised, can qualify as a philosophical belief deserving protection under the European Convention on Human Rights.
Vegans in detention
The case concerned two Swiss citizens who had long campaigned for veganism and organised their lives accordingly. One spent almost a year in pre-trial detention at Geneva’s Champ-Dollon prison after being arrested for vandalism; the other was involuntarily admitted to a psychiatric hospital in Vaud. The court found that both were entitled to a diet that complied fully with their beliefs.
The ECHR acknowledged that both institutions had made some effort to accommodate the applicants by providing vegan food on occasion. Those measures, however, were inconsistent and fell short of ensuring a genuinely vegan diet throughout their detention.
Swiss authorities and domestic courts had concluded that no legal obligation existed to provide such meals. The Strasbourg court criticised the absence of a clear legal framework, finding that the applicants had no effective means of enforcing their rights.
Although the ECHR stressed that member states enjoy a broad margin of discretion in matters involving ethical and philosophical beliefs, it concluded that Switzerland had failed to strike a fair balance between administrative considerations and the applicants’ rights under the Convention.
Implications beyond Switzerland
The judgment concerns two individual cases, but its implications are likely to extend well beyond Switzerland. Rules governing prison diets differ widely across Europe. Some countries explicitly guarantee prisoners access to vegetarian or vegan meals. Others have no specific provisions, while some permit inmates to receive suitable food from relatives or friends. The ruling is likely to increase pressure on prison authorities across Europe to make fully vegan meals available to detainees who hold a genuine and protected philosophical belief.
More on this:
ECHR case (in English)
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