ARTICLE 9 Freedom of thought, conscience and religion
- 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
- 2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
This Article grants an absolute right to believe what you want to believe and a qualified right to manifest, in practice, the daily behaviours that accompany your belief. This is an important consideration for veganism because veganism is a practice based belief and any interference that limits a vegans practice may amount to coercion into a belief not of their choosing. Under this Article, in 1991 a case concerning veganism was brought by a vegan prisoner who was required under the prison rules to work in the prison print facility. The applicant believed that the dye he would have to work with had been tested on nonhumans and that he would therefore be required to rescind his veganism and comply with speciesist practices. This case is known as H v the UK (ECtHR App. 18187/91). The Commission of the European Court of Human Rights, along with the UK Government agreed that veganism was within the scope of Article 9 but used the concept of proportionality to conclude that the vegan concerned would nevertheless be required to work in the prison print facility. It was decided in this case that interference was lawful, because the prison rules were in place for the reason of order in the prison, and that the requirement was proportional.
What this case illustrates is that even though veganism is protected under Article 9, the state nevertheless had the power to limit a vegan’s practice of veganism and enforce assimilation into a belief not of his choosing. The purpose of Article 9, is the same as Article 18 of the UDHR and the ICCPR, to ensure that human beings can live according to their ethical convictions without state interference. However, as can be seen by Article 9 (2) Freedom to manifest one’s religion or beliefs can be limited by laws that are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. The problem for veganism is, of course, that the assumption for the application of law is that we all agree with speciesism.
However, the legal reasoning, concerning the validity of veganism as a way of life concerning deep convictions that comes within the scope of human rights law, sent a clear message throughout Europe. It was to be observed within the community that there is a legal duty to accommodate vegans when assessing the breadth of Article 9 of the ECHR. As such, all European nations ought to recognise in their domestic legislation the duty owed to veganism as a non-religious belief that qualifies for human rights protection. The sad truth is however that many nations retain an interpretation of Article 9 as a provisions that concerns religious beliefs only despite being under a duty to prevent discrimination.
The ECHR is law that regulates your relationship with the state. This means that your national law ought to protect the non-religious belief ethical convictions of vegans particularly when vegans deal with state authorities such as prisons, schools, hospitals, or any other state owned enterprise. If you are employed by the state as a police officer for example, your request for vegan friendly shoes should not be refused as if you are required to wear a uniform made from the skin of nonhumans, you could, arguably, claim that such a requirement was forcing you to assimilate into cultural beliefs not of your choosing and that your ethical choice was being interfered with by your government. Of course, you would need to ascertain that vegan friendly uniform items were available and that they meet any safety requirement stipulated by your employer in the interests of your health and safety and their duties and responsibilities to you.
The Council of the European Union issues equality directives. These pertain to the principle of non-discrimination. an important directive dates back to the year 2000. It states that its provisions are written with respect to the European Convention. Where equality law uses the expression “religion and belief” it should be interpreted consistently with the Convention. This means that equality law should also provide for vegans.