How to avoid discrimination against vegans: the example of the UK

Paola Sobbrio
Published on 18/09/2024

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In recent years, veganism has seen significant growth globally, not only as a food choice but as a philosophy of life that embraces a range of ethical and environmental values.In the United Kingdom, this phenomenon has led to significant legal developments, particularly with the inclusion of vegans among those protected by the Equality Act of 2010 under the category of “religion or belief.” This means that in both the public and private sectors, there is a legal obligation not to discriminate against those who identify as vegans. This protection is essential to ensure fair and respectful treatment for those who embrace this philosophy of life.

The Implications of the Equality Act 2010

TheEquality Act of 2010 represents a milestone in protecting the rights of minorities, including vegans. The law requires institutions, especially in the public sector, to remove disadvantages faced by those with protected characteristics, such as precisely vegans. This legal framework, which prohibits any form of direct discrimination, clearly defines the limits within which indirect discriminatory actions can be taken. In exceptional cases, indirect discrimination can be considered legitimate only if justified by specific, strictly limited and proportionate circumstances.

In addition to discrimination, theEquality Act also extends its protection to harassment and victimization. Harassment can include verbal, written, or even digital behaviors, such as social media posts, that aim to denigrate those who follow a vegan lifestyle. For example, derogatory comments, offensive gestures, or images that ridicule veganism may constitute forms of harassment prohibited by law. In addition, if a vegan, in an attempt to assert his or her equality rights, suffers retaliation, this could constitute a case of victimization, which is also punishable under the law.

The Role of the Human Rights Act 1998

In support of the protections afforded by theEqualityAct, theHuman Rights Act of 1998 adds additional safeguards for vegans by stipulating that public authorities may not interfere with a person’s right to practice veganism. This includes situations in which, for example, a vegan could be forced to participate in practices contrary to his or her ethical beliefs. Interference is permissible only if it is a proportionate means of pursuing a legitimate goal, a concept that requires rigorous, case-by-case evaluation.

Practical Challenges for Vegans in the Public Sector.

Despite strong legal protections, vegans in the UK, as is unfortunately the case everywhere in the world, often face practical challenges in having their rights respected, especially in institutional settings such as schools, hospitals, or prisons. For example, the lack of vegan meals in a school or hospital could be a violation of theEquality Act and theHuman Rights Act, as these institutions are required to respect the rights of vegans. Awareness of one’s rights is therefore crucial in addressing these difficulties. As public knowledge increases, vegans feel increasingly supported in advocating for their interests and dealing with daily challenges, such as the right to have vegan food options in public institutions.

The Jordi Casamitjana Case and the Protection of Ethical Vegans.

One landmark case that marked a breakthrough in the legal protection of vegans is that of Jordi Casamitjana, an ethical vegan who was fired by his employer, the League Against Cruel Sports, for alleged misconduct. Casamitjana had discovered that the organization was investing pension funds in companies involved in animal testing and reported this to his colleagues. This led to his dismissal, which he believed was related to his ethical beliefs related to veganism.

In January 2020, the court had to determine whether ethical veganism could be considered a “philosophical belief” and thus a protected characteristic under theEquality Act of 2010. The judgment was historic: ethical veganism was recognized as a protected belief, prohibiting employers from discriminating against those who practice it. This recognition not only strengthened Casamitjana’s position in its legal battle, but also set a significant legal precedent for all ethical vegans in the UK.

Implications for the World of Work

The important ruling has direct implications for employment practices in the United Kingdom. Employers must now ensure that vegan employees are not discriminated against unless there is objective justification for doing so. For example, if a vegan employee refuses to perform tasks that go against their values, such as making a drink containing cow’s milk, the employer may have to find a reasonable alternative. However, challenges remain in defining precisely how far these protections extend. Although mistreatment and bullying related to veganism are clearly protected, other practical situations may still raise legal questions.

Challenges and Future Prospects

The recognition of ethical veganism as a protected characteristic is a significant step forward, but there is still work to be done to ensure that legal protections translate into concrete protections in everyday life. In the United Kingdom, growing awareness of these laws is allowing vegans to feel more confident in standing up for their rights. However, practical and legal issues remain open, especially in the day-to-day implementation of respect for ethical veganism, both in the workplace and in public institutions.

Conclusion

Being vegan today means not only making a lifestyle choice based on personal beliefs, but also involves a range of recognized legal rights. British laws, such as theEquality Act of 2010 and theHuman Rights Act of 1998, offer significant protection to those who adopt veganism as a philosophical belief, but practical challenges remain. The key to addressing these difficulties lies in knowledge and awareness of existing protections. As REFOOD, we will work to ensure that similar levels of protection for vegans are achieved in Italy as well, allowing those who have made this ethical choice to see it respected in every area of public and working life.

Paola Sobbrio

Paola Sobbrio

Since 2005 I have been teaching law and bioethics at university level in undergraduate, master’s and doctoral schools. Since 2010, for scientific research reasons, I have been studying biotechnology in the food sector with a focus on GMOs and cultured meat for both regulatory and bioethical aspects. I am the author of scientific publications in national and international journals and monographs on the relationship between law and ethics in reference to policies and regulations on “animal welfare”. For Refood I am a Project Manager.
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