Vegetarian and vegan rights in Europe: chickening out or egging them on?

Maureen O'Sullivan García

doi:10.5565/rev/da.517

Abstract

The recognition of vegetarianism as a protected belief under equality legislation in the UK was denied by an employment tribunal judge in 2019. The judge in question treated vegetarianism as if it were frivolous and whimsical and compared it negatively with veganism. The following year he recognised veganism as a protected belief, which diverges from the norm of protecting both of these beliefs under the same legislative provisions. This article examines a selection of European cases starting in Ireland in the late nineteenth century in which vegetarianism was familiar, respected by eminent courts and protected without much fuss. The purpose is to demonstrate that the tribunal judge erred and that the pending appeal should be successful, failing which legislative intervention may be necessary.

Highlights

The recognition of vegetarianism as a protected belief under equality legislation in the UK was denied by an employment tribunal judge in 2019
This article gives an overview of the law relating to vegetarian and vegan rights in Europe and focuses on the UK and Ireland
In the case of the former, the Tribunal refused to accept that vegetarianism amounted to any more than “opinion or belief”[2] and in the latter case, veganism was accepted as a protected ethical belief.[3]

Summary

Introduction

It examines themes such as the unpredictability of rights recognition in different jurisdictions and shows that whilst European institutions set harmonised and universal standards, national courts and tribunals do not always follow suit in their interpretations. In the case of the former, the Tribunal refused to accept that vegetarianism amounted to any more than “opinion or belief”[2] and in the latter case, veganism was accepted as a protected ethical belief.[3] This article will first conduct a study of cases which recognised vegetarianism (and veganism) in the UK, Europe and Ireland It will scrutinise relevant legislative provision and will lastly evaluate the aforementioned tribunal cases in a historical light

Judicial origins of vegetarian rights

European and national case law

Tribunals and beliefs

Vegetarianism going down a rabbit hole?

But veganism is protected by the same judge

Conclusions