Swiss authorities’ overly formalistic approach to complaints about lack of access to vegan diet while in detention breached European Convention.

In the case of G.K. and A.S. v. Switzerland the Court held that there had been violations of the right to freedom of thought and conscience and of the right to an effective remedy. The case concerned the failure to provide the applicants with a vegan diet while they had been in the care of the State. The first applicant had been in pre-trial detention, while the second had been confined in a psychiatric hospital. Despite making requests, the applicants did not receive entirely vegan diets. However, no formal administrative “decisions” had been taken which could have been appealed against under national law and which would have enabled the Swiss courts to examine the merits of their complaints.

The Court found that the Swiss authorities’ reaction to the applicants’ case had been overly formalistic. As a result, the legal avenues the applicants had used were ineffective in practice. It also meant that the applicants’ complaints regarding access to a vegan diet, in keeping with their ethical beliefs, while in the care of the authorities, had never been examined at national level.

• Press release