Denmark Victory for Vegans: Article 9 and How to Start Using It

My top ten points on what animal rights and vegan advocacy organisations should know about Article 9 of the European Convention on Human Rights, and how you can start using it:

1. What is Article 9?

Article 9 of the European Convention on Human Rights reflects an important value: the human right to live according to deeply held convictions without being unfairly restricted or discriminated against.

2. What does Article 9 say?

Article 9 says that people have the absolute right to their beliefs, whether they are convictions of conscience or faith, and that governments can only interfere in someone’s practice of their beliefs if there is a law that is required for important reasons, such as for public safety, public order, public health, or morals, or to protect the fundamental rights of other people.

3. Does veganism qualify as a belief or conviction of conscience?

Yes, protection is broad in scope and veganism is a qualifying belief for the purposes of Article 9. This was recognised by judges at the European Court of Human Rights in 1993.

4. So what? How does Article 9 work?

Every country that has agreed to be bound by Article 9 must do two things for vegans: 1) they must not unreasonably interfere in a vegan’s practice, and 2) they must help vegans be vegan, for example, by ensuring vegans have access to vegan food. These legal duties apply to all public bodies such as state schools, state hospitals, state care homes and prisons.

5. What does this mean in practice?

Let’s use the Danish victory as an example. Being required to eat a diet that is contrary to your convictions, go hungry at school, or be forced to go to a different school, is unreasonable interference in the practice of veganism. As a result of the Danish case, schools that impose restrictive dietary rules must now change their policies so that children are supported to live as vegans: This can be achieved either by providing vegan food or allowing the children to take vegan food into school.

6. How is Article 9 useful in other ways?

If a vegan is unfairly treated or discriminated against by a public body, they can use Article 9 for protection. For example, vegan school pupils must not be forced to participate in activities that go against their moral convictions. 

Article 9 rights also ground other legislation that concerns vegans such as equality law. In the UK the protection of vegans under the Equality Act 2010 is directly linked to Article 9 rights. A vegan rights-based approach to respect for veganism in education is supported by Article 9 and the parental right to respect for their vegan moral convictions in the education of their children is also linked to Article 9 rights.

Article 9 is also relevant to the principle of non-discrimination in the European Union.

7. Where does Article 9 apply?

Article 9 rights must be upheld in by all 46 member states of the Council of Europe.

8. What about countries where Article 9 doesn’t apply?

Article 9 represents a fundamental human right that has been internationally agreed upon, as reflected in Article 18 of the Universal Declaration on Human Rights and in Article 18 of the International Covenant on Civil and Political Rights (ICCPR). Therefore, this right is also given effect globally in national legislation. 

9. Why is Article 9 (and Article 18 ICCPR) important to us as animal rights advocates?

Animal rights campaigns have been, and always will be critical to abolishing the suffering other animal endure. The use of human rights to defend our practice of veganism supports the animal protection movement by forcing public bodies to comply with a legal requirement not to unreasonably restrict the practice of or discriminate against vegans. Public bodies must also ensure that their policies and practices allow vegans to practice veganism. Defending the right to live as vegan and changing policies and practices makes veganism more mainstream and easier to adopt. Normalising veganism in this way is an important contribution to encouraging respect for nonhuman animals.

10. How can we start using Article 9 (or Article 18 ICCPR) right now?

a) Survey the vegan community in your country to document the issues they might be facing. Ask about their experiences in education, in employment, in health care for example.

b) Reach out to lawyers who can help you understand how Article 9 (or Article 18 ICCPR) is interpreted in your country, how it features in national legislation and the existing scope of protection.

c) Ask your supportive lawyers to explain how EU equality Directive 2000/78/EC of November 2000 has been entrenched in your national legislation. Make links between Article 9 (or Article 18 ICCPR) and your national equality legislation and document anomalies.

d) Reach out to national equality bodies for support.

e) Get in touch with me or the International Rights Network for support and guidance.

f) Establish a culture within your organisation of recognising and defending the rights of vegans.

g) Provide support for vegans in vulnerable situations and offer advocacy.

h) Consider creating workstreams that look to Article 9 rights. A useful start is incorporating Article 9 rights in catering campaigns.

i) Consider obtaining support to raise legal challenges in test cases.