AG: Vegans not covered by discrimination law

Tuesday 10 March 2020

The Attorney General has confirmed that local ethical vegans won’t be able to claim ‘discrimination’ in Jersey – despite the case of a man who walks instead of taking the bus to avoid squashing insects, succeeding in the UK.

The comments from Mark Temple QC came after Deputy Inna Gardiner questioned him on the topic yesterday following the landmark case heard by Norwich Employment Tribunal in January.

The case saw 55-year-old Jordi Casamitjana claim he had been dismissed by the League Against Cruel Sports because of his ethical veganism.

His belief, the Tribunal heard, saw him take great measures to avoid harming wildlife, such as avoiding figs in case they have wasp larvae inside, and not using pound notes to pay for items, as they are manufactured using animal products.

The case led to a ruling that ethical veganism – described by the Vegan Society as “a philosophy and way of life which seeks to exclude, as far as possible and practical, all forms of exploitation and cruelty to animals for food, clothing or any other purpose” – was a philosophical belief and was therefore a protected characteristic under the Equality Act 2010.

Pictured: Jordi Casamitjana claims he was dismissed by the League Against Cruel Sports because of his ethical veganism. (AP)

“… There is no doubt that the Claimant personally holds ethical veganism as a belief,” Judge Robin Postle wrote. “He has clearly dedicated himself to that belief throughout what he eats, where he works, what he wears, the products he uses, where he shops and with whom he associates. It clearly is not simply a viewpoint, but a real and genuine belief and not just some irrational opinion.”

He also added there was no conflict between veganism and “human dignity” and that it did not “in any way offend society”. “Ethical veganism is not in conflict with the rights of others, it does not require non-vegans to behave in a particular way,” the judge stated. 

He therefore said he found it “easy” to conclude there was "overwhelming evidence before me that ethical veganism is capable of being a philosophical belief and thus a protected characteristic under the Equality Act 2010".

Pictured: Section 10 of the Equality Act 2010.

But yesterday Jersey's Attorney General explained Jersey's Discrimination Law 2013 does not include anything similar to Section 10.

According to the local law, the ‘protected characteristics’ are limited to grounds of race, sex, sexual orientation, gender reassignment, pregnancy and maternity, age and disability only. 

He reminded States Members, however, that the Human Rights (Jersey) Law 2000 mirrors the European Convention on Human Rights which guarantees “freedom of thought, conscience and religion”.

This means it would be unlawful for public authorities to act against those rights, although it does not provide a statutory right to protection from discrimination committed in Jersey.