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G.K. and A.S. v. Switzerland, Nos. 55299/20, 31515/22, ECtHR (Fifth Section), 16 July 2026

Abstract

Veganism, as a non-religious belief based on ethical considerations, falls within the scope of protection afforded by Article 9 ECHR.

Normative references

Art. 9 ECHR

Art. 13 ECHR

Ruling

1. Article 9 of the ECHR protects freedom of thought and conscience irrespective of the religious or non-religious nature of the belief professed. The notion of “beliefs” protected under the Convention also encompasses philosophical and ethical convictions which, assessed in their concrete manifestation, display a sufficient degree of cogency, seriousness, cohesion and importance. Convention protection is therefore not conditional upon the validity or merit of the beliefs professed; it is for the Court solely to ascertain their genuineness and the existence of a sufficiently close nexus between the belief and the conduct through which it is manifested.

2. The Convention protection of pluralism of beliefs may give rise to positive obligations on the part of the State, including in respect of persons subject to its control. Where, owing to deprivation of liberty or a situation of particular dependence on the public authorities, an individual is not in practice able to conform his or her conduct autonomously to his or her beliefs, Article 9 of the ECHR requires the authorities to examine, on an individual basis, requests aimed at enabling their manifestation and, where reasonably possible, to put in place appropriate measures of accommodation, taking into account the organisational, financial and practical requirements of the administration.

3. Under Article 13 of the ECHR, a domestic remedy must be effective not only in theory but also in practice, that is, capable of enabling a competent national authority to examine on the merits an arguable claim concerning an alleged violation of the Convention. The excessively formalistic application of procedural rules must not prevent an applicant from obtaining a substantive examination of his or her Convention claim.

Decisions consistent with precedent

Jakóbski v. Poland, No. 18429/06, ECtHR (Fourth Section), 7 December 2010