At the beginning of the school year, we receive many reports concerning the pressure that would be exerted on children to force them to consume meat, sometimes pork, which is served to them in the school cafeteria.

The arguments presented to justify this constraint are:

• Nutritional balance;
• Taste;
• Secularism.

The parents who contact us are not asking for confessional meals or substitute meals, but only that their children are not forced to consume meat.

Can my child be forced to eat meat in the school cafeteria?

What does the law say?

• The school cafeteria, which is an optional public service, is a right for all:

” Enrollment in primary school cafeterias, where this service exists, is a right for all enrolled children. No discrimination can be established based on their situation or that of their family ” (Article L131-13 of the Education Code).

Thus, in the context of school meals, no discrimination can be established based on the child’s situation or that of their family.

• Moreover, parental authority is a set of rights and duties allowing parents to make decisions regarding the moral and religious education of their children (Article 371-1 of the Civil Code). As such, their choices must be respected. Also, many legal texts protect the personal convictions of parents.
  Article 18 of the International Covenant on Civil and Political Rights states in point 4.: “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions“.

The law therefore prohibits forcing a child to consume food that does not respect the philosophical or religious beliefs of their parents.

It is therefore strictly prohibited:

• To force a child to eat meat proteins if the parents have indicated that they do not wish it or if the child expressly refuses;
• To force a child to “taste” a dish containing meat proteins, even for “educational” purposes.
• The Defender of Rights considered that “while the community is not required to accede to requests for substitute menus, it cannot, however, under any circumstances, except to seriously infringe on religious freedom, force a child to eat a dish containing food contrary to the dietary requirements imposed by their religious convictions” (Report of June 18, 2019 “A right to school cafeteria for all children”).
• As the school meal service is an optional public service, there are no binding rules incumbent on mayors in terms of meal distribution, even if it is recommended to offer “a diversity of choices” (Secularism Observatory). The municipality must be able to implement specific supervision to take into account the parents’ choice during the child’s meal (Administrative Court of Melun, February 22, 2017).
• According to Article 3-1 of the International Convention on the Rights of the Child (CRC): “In all decisions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration“, (Administrative Court of Dijon, August 28, 2017 No. 1502100, 1502726).
• Consequently, the religious practices of adults and children, as well as the right of parents to guide their children in religious matters, can only be prohibited or hindered by measures of comparable level, and only if the prohibitions or hindrances constitute measures necessary for public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

What should I do?

If, despite everything, they refuse to allow your child not to eat meat in the cafeteria:

• Demand a written notification with reasons for the refusal you are facing.
  Consult the internal regulations of the school cafeteria to become aware of any illegal provisions.
• The school canteen in primary school falls under the responsibility of the mayor and not the school principal.
• Contact the school catering service of the municipality (for nursery and elementary schools), reminding them that freedom of conscience is a fundamental human right, along with the right to bodily integrity.
• Meal preparation is often outsourced to an external company that can be contacted to find out if they offer menus without meat proteins.
• Menus are generally developed by a committee consisting of representatives from the catering company, parent associations, catering staff, and elected officials. It is possible to approach them to share the difficulties encountered and discuss potential solutions, particularly to combat food waste.
• Contact Equitas who will provide legal assistance and support you in your efforts.

References to applicable texts:

• Circular NOR/IOCK1110778C of August 16, 2011; Circular No. 2001-118 of June 25, 2001; Art. L. 131-13 of the Education Code;
• Art. 371-1 of the Civil Code; Art. 18 of the International Covenant on Civil and Political Rights of December 16, 1966; Art. 2 of the Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms; Art. 3-1 and Art. 14 of the International Convention on the Rights of the Child of November 20, 1989;
• Administrative Court of Dijon, August 28, 2017 No. 1502100, 1502726; Administrative Court of Nîmes, September 25, 2018 No. 1801601; Administrative Court of Melun, February 22, 2017 No. 1504825; Council of State, February 25, 2015, No. 375724; Council of State, December 11, 2020, No. 426483.