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

Freedom of religion. Compliance with dietary rules during detention. Vegetarian diet. Obligations of the prison authority.

Art. 9 ECHR

1. Dietary rules represent an expression of religious freedom through practices and observance of rites. They therefore fall within the scope of art. 9 ECHR.

2. In assessing the inmates' diet, the national authorities must seek an adequate and reasonable balance between the needs of the prison institution and the religious freedom of individuals detained.

3. The refusal by prison authorities to provide the inmate with a diet that respects the food requirements typical of his religious belief constitutes an unreasonable limitation on his religious freedom (case in which the prison administration refused to provide to the applicant - a follower of Mahāyāna Buddhism - a vegetarian diet, citing financial and logistical reasons).

In the grounds of the judgement, the European Court of Human Rights stressed that the applicant simply asked to exclude meat-based foods from his diet. Unlike other food regimes, a vegetarian diet does not require the use of special products; on the other hand, the preparation of a vegetarian meal does not imply that the foods are cooked, prepared and served according to predefined methods. The Strasbourg Court recalled, in particular, art. 22 of the Recommendation No. 2/2006 on European prison rules adopted by the Council of Europe’s Committee of Ministers.