Veganism as a Protected Belief in Human Rights and Equality Law Jeanette Rowley

Equality and Human Rights Commission https://www. equalityhumanrights Human rights protect a wide range of non-religious beliefs including veganism EU EQUALITY LAW

Qualifying beliefs will attain a level of: Seriousness Cogency Cohesion Importance Worthy of respect in a democracy and not be incompatible with human dignity. Reflect a weighty and substantial aspect of human life and behaviour.

rejection of fox hunting An application for an Article 9 right to protection for a belief in fox hunting has been rejected (Countryside Alliance v Attorney General [2008] a AC 719)

H v the United Kingdom 1992 (H v UK [1992] 16 EHRR CD 44) Veganism held to be within the scope of protection under Article 9. UK Government did not contest the finding.

Application in the UK Human Rights Act 1998 Applies to relationships with public authorities. Must not contravene a Convention right. Food in detention, hospital, school Education: dissection Work uniform items

Human rights principles and law affect European and UK equality law

“respect for the principles of the ECHR” Relationship of Human Rights Principles to European and UK Equality Law Employment and Occupation Equal Treatment Directive 2000/78/EC of 27 November 2000 “respect for the principles of the ECHR” Provisions for “belief” should be consistent with Article 9 principles and case outcomes.

UK response to obligations 2003 Employment Regulations definition of “religion and belief” “religion and belief means any religion, religious belief or similar philosophical belief.” 2006 Equality Act extends principle of non-discrimination to the provision of goods and services and drops the word “similar”. “belief means any religious or philosophical belief.”

UK Response to obligations 2010 Equality Act: “belief” means “any religious or philosophical belief or reference to belief, including a reference to a lack of belief”

Protected beliefs A belief in man made climate change protected. (Grainger Plc v Nicholson [2010] ICR 360) Vegetarianism as a manifestation of human/nonhuman relationship. (Alexander v Farmtastic Valley Ltd and Others [2010 EOR 222) A belief in the sanctity of life and anti-fox-hunting protected. (Hashman v Milton Park Dorset Limited [2011])

Implications of Brexit AND BRITISH BILL OF RIGHTS EU Equality Law

BROADER CONTEXT OF Human rights obligations A. 18 UNIVERSAL DECLARATION OF HUMAN RIGHTS A. 18 ICCPR ECHR ECtHR EQUALITY LAW UK UK

ICCPR meaning of belief *The term “belief” protects beliefs that are non-religious in nature.* It must be broadly construed. Not limited in its application to traditional religions or beliefs with institutional characteristics or practices.

“belief” in ICCPR covers: Dietary requirements Parental moral liberty Provisions in education, medicine and employment

Scope of protection for belief in ICCPR? This right concerns “practices and policies” that might limit the right to manifest ethical convictions. “No one shall be subject to coercion”

ICCPR limitation on interference Freedom to manifest practically is limited only by a necessary law required for: public safety, order, health, or morals or the fundamental rights and freedoms of others.

Post Brexit International explanations of “belief” support the recognition and protection of veganism.