Your rights as a vegan or vegetarian receiving care
As a vegan or vegetarian, your rights to practice your beliefs are protected by law and regulations. Here are the most important rules to be aware of.
EQUALITY ACT 2010 The Equality Act states that organisations must alter their practices to accommodate protected characteristics, such as religion. In a significant preliminary hearing judgement in the case of Casamitjana Costa v The League Against Cruel Sports 2020, ‘ethical veganism’ was recognised as a protected characteristic under the Equality Act 2010. While not setting a legal precedent, care homes, local authorities and other care providers should also recognise ethical veganism as a protected characteristic. As a vegetarian or vegan you may also be protected under this Act, if you are practicing vegetarianism in accordance with religious beliefs that influence your entire lifestyle1.
HUMAN RIGHTS ACT 1998 Under this Act, public authorities, including private care homes funded by public authorities, must ensure that your human rights are not breached. As a vegan or vegetarian living in a care setting, your right to practice your beliefs is protected. Article 9 of the Human Rights Act protects the right to ‘freedom of thought, conscience and 4
belief’. Importantly, the right to ‘manifest’ your beliefs is safeguarded2.
CARE REGULATIONS The Care Inspectorate regulates care homes in Scotland. This body inspects services in accordance with regulations and has the power to investigate concerns. Many of these standards are relevant to protecting vegans and vegetarians receiving care, especially around choice, independence, dignity, and ensuring that people’s dietary preferences and beliefs are respected. The Care Inspectorate regulates care according to the Health and Social Care Standards (2018)3.
• Standard 1.2 ensures that human rights are respected and there is no discrimination. • Standard 1.4 protects a person’s dignity and right to have their preferences respected. • Standard 1.28 ensures the right to make informed health and wellbeing choices. • Standard 1.37 affords people to have diet and nutrition in accordance with cultural and dietary needs, beliefs and preferences.
