Veganism is a conviction protected by the European Convention on Human Rights
The European Convention on Human Rights protects everyone’s freedom of thought, conscience, and religion. In 1993, the European Commission on Human Rights established that the conviction of vegans as it relates to animal-based products can be considered a conviction protected by Article 9 of the Convention. Respectively, the European Court of Human Rights has stated in its 2019 Guide on Article 9 of the European Convention on Human Rights that the safeguards of Article 9 apply to veganism as well as “opposition to the manipulation of products of animal origin or tested on animals”.
Convictions are also protected by The Constitution of Finland (731/1999), according to which everyone has the freedom of religion and conscience. According to Section 11 of the Constitution, freedom of religion and conscience entails the right to profess and practice a religion and the right to express one’s conviction. The Finnish Vegan Association holds that veganism is a conviction protected by the Constitution. According to the constitution, public authorities must ensure the realization of fundamental and human rights.
Vegans’ right to live according to their conviction
Discrimination and harassment on the basis of veganism is prohibited by the Non-discrimination Act.
According to Section 6 of The Constitution of Finland, no one shall, without an acceptable reason, be treated differently from other persons on the grounds of belief or opinion, or other grounds related to the person. This fundamental right is protected in more detail by the Non-discrimination Act (1325/2014). According to Section 8 of the Act, discrimination based on religion or opinion is prohibited.
Direct discrimination as referred to by law occurs when a person is treated less favorably than another person in a comparable situation, based on personal characteristics. A practical example of this might be disregarding a vegan job applicant based on their veganism. Indirect discrimination occurs when an apparently neutral rule, criterion, or practice puts a person at a disadvantage compared to others on the grounds of personal characteristics. The Finnish Vegan Association holds that situations such as not serving vegan children school meals that are in line with their conviction constitute indirect discrimination.
The Non-discrimination Act prohibits harassment. Harassment refers to hurtful behavior which relates to a person’s conviction or opinion, and which creates a degrading or humiliating, intimidating, hostile or offensive environment towards the person. This kind of infringing behavior may manifest as speech, emails, facial expressions, posting of inappropriate materials, or other types of communication. Infringement of a person’s dignity does not need to directly target a specific person – it can also be targeted at a group of people. For example, news reporting or opinion pieces attacking vegans may meet the criteria for harassment. Similarly, a teacher’s hostile attitude towards a vegan pupil may be considered harassment. The Non-discrimination Act obligates employers to take action against harassment in the workplace.
Why defending vegans’ rights is important
People often do not understand the importance of veganism as a conviction for vegans, even though committing to a vegan way of life usually requires fundamental life changes. Transitioning to and maintaining a vegan way of life means giving up many facets of Western culture and may cause challenges in situations such as dining out. When we intervene in discrimination and harassment against vegans, we are helping our society understand that veganism is not just about whims or preferences, but about committing to living according to one’s own moral understanding, which other people should respect.
When we fight for the rights of vegans, we are making veganism easier and more accepted. This means both a more effortless everyday life for those who are already vegan, as well as an easier transition towards veganism for those who dream about going vegan but find it too difficult.
In recent years, veganism has increasingly been tied to the conversation about the environmental impacts of food production. Many studies have found that the vegan diet is the least environmentally detrimental diet possible. When vegans defend their right to abide by their conviction, they are simultaneously defending everyone’s right to climate-friendly and sustainable food.
As noted above, veganism as a conviction is protected as a human right. When defending this human right, vegans also uphold their right not to participate in factory farming and other forms of animal exploitation. In this way, vegans can expand their own human and fundamental rights to also protect animals, whose protections under the law are usually secondary to other rights, such as freedom of trade.
How to get help when facing discrimination
The Non-Discrimination Ombudsman’s office provides advice by phone when you suspect discrimination or harassment. Victim Support Finland also provides advice in discrimination cases.
You can also bring the matter to the National Non-Discrimination and Equality Tribunal of Finland.
Discrimination and harassment occurring in employment, public service relationships, internships or hiring is monitored by the occupational safety and health authorities.
Appeals against decisions made by public authorities can be made to the Administrative Courts using the appeal instructions included along with the ruling. The Parliamentary Ombudsman oversees the legality of the work of public authorities, with a focus on advancing fundamental and human rights. A complaint can be filed with the Parliamentary Ombudsman or the Chancellor of Justice if you suspect that an authority or public official has not followed the law, or that fundamental and human rights have not been duly realized.
The Finnish Vegan Association offers advice to its members by email (oikeusasiat@vegaaniliitto.fi), answering questions about members’ legal rights and offering general advice on the topics outlined in this article. The Finnish Vegan Association’s juridical guidance is done as volunteer work by lawyers and law students, and the information given is general in nature and not legally binding.