Chapter II · European Union Law
Charter of Fundamental Rights and equal-treatment law
Article 10 of the Charter of Fundamental Rights of the European Union (2000/C 364/01) guarantees freedom of thought, conscience and religion in terms mirroring Article 9 ECHR. Article 21 prohibits discrimination on the basis of religion or belief. Under Article 51 the Charter binds the Member States when they act within the scope of Union law, including the transposition of Directive 2000/78/EC.
1. Directive 2000/78/EC
Council Directive 2000/78/EC of 27 November 2000 establishes a general framework for equal treatment in employment and occupation and covers both direct and indirect discrimination on grounds of religion or belief. The framework is relevant when public-sector employers design workplace rules and dress-code policies that affect manifestations of belief; it also confirms that the protected ground of 'religion or belief' includes non-religious convictions such as ethical veganism, read together with Article 10 of the Charter of Fundamental Rights of the European Union.
2. Public catering and public procurement
Directive 2014/24/EU on public procurement permits contracting authorities to define technical specifications and award criteria that reflect the dietary requirements of the users of a service, provided they respect the principles of equal treatment and proportionality (Article 42). Municipal food policies specifying that all school meal contracts must include a fully plant-based option are compatible with the Directive.
3. Read together with the ECHR
Under Article 52(3) of the Charter, rights that correspond to Convention rights have the same meaning and scope. The Article 9 ECHR jurisprudence recognising ethical veganism as a protected conviction therefore informs the interpretation of Article 10 of the Charter.