Slovenian Ombudsman Challenges Equal Treatment for Religious and Medical Diets in Schools

Slovenia's ombudsman for equal treatment, Miha Lobnik, has initiated a constitutional review of school nutrition regulations, arguing that differentiating between medical and religious dietary needs is impermissible. Lobnik contends that children should not be treated differently based on whether their dietary restrictions stem from religious beliefs or medical conditions.

Lobnik's request for a constitutional review targets the School Meals Act and related guidelines. He asserts that these regulations fail to guarantee school meals adapted to students' religious or worldview beliefs. Furthermore, he criticizes the guidelines for stating that educational institutions are not obligated to make dietary adjustments that are not medically indicated.

The ombudsman deems the provisions unconstitutional because they do not address students' rights to have school meals adjusted for religious or other beliefs. He also points to a lack of criteria for deciding on such requests and insufficient consideration of the balance between religious freedom and the organizational and health aspects of school catering.

However, many dietitians and school administrators find Lobnik's stance problematic. They argue that equating dietary restrictions due to allergies or other serious health conditions, which can be life-threatening, with restrictions based on religious or belief-based choices is unacceptable. Dr. Evgen Benedik and Mojca Mihelič, for instance, believe that organized school nutrition in Slovenia is already of a very high standard, among the best in Europe.

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It is not permissible to treat children differently who cannot eat certain foods due to religion and children who cannot eat certain foods due to health conditions, as is currently done.