Administrative Court Berlin: School can decide about Essen itself
(jur). The Berlin Administrative Court ruled in a decision announced on Wednesday, May 18, 2016 (AzG: VG 3 K 503.15) that you are not legally obliged to take into account “the entire variety of different nutritional beliefs” of parents and children. These included stone age nutrition, low carb, low fat, raw food, food combining, fruitarismuns and veganism.
In this specific case, the father of a daughter born in 2007 did not want to accept that his child would not receive a vegan lunch at an all-day school in Berlin-Köpenick. His daughter is vegan for ethical reasons.
The district office fundamentally refused to provide the student with a vegan lunch, at least as long as the father did not provide a medical certificate about the need for nutrition.
The father saw the negative decision as a violation of freedom of conscience and the principle of equal treatment. Finally, other, religious or health-related eating habits are taken into account. In order to be able to enforce his wish in court, he applied for legal aid from the administrative court.
However, the administrative court rejected the application in its decision of May 9, 2016. The school has a wide range of options for how it fulfills its obligation to provide lunch. The school lunch for the students is based on the quality standards of the German Nutrition Society. However, this does not recommend a vegan diet for children.
According to the Berlin School Act, there is no obligation to take into account the entire variety of different nutritional beliefs in school lunches, especially since the daily preparation of a few vegan meals in canteen kitchens would encounter "considerable difficulties".
The daughter is also not forced to eat the non-vegan school lunch. You can bring your own food and warm up at school and still take part in school lunch. It is therefore not excluded. (fle / mwo)