Discrimination on a Plate? Vegan Equality and Inclusion in Spain’s School Food Law

Dr Jeanette Rowley examines Spain’s Royal Decree 315/2025 which establishes regulations for the promotion of healthy and sustainable eating in educational settings to tackle obesity and contribute to climate goals

The objective of Spain’s new school food law is to guarantee access to quality food and nutrition. It recognises the right of the child to the highest possible degree of health and nutritionally adequate and culturally appropriate food. Recent news reports have given the impression that Spain’s new school food legislation caters for the dietary needs of vegans, but does Real Decreto 315/2025¹ guarantee vegan pupils equal access to nutritious meals that align with their ethical convictions?

Real Decreto 315/2025 strongly promotes the Mediterranean diet which includes legumes, vegetables, fruits, olive oil, fish, whole grains and moderate animal protein. This nutritional model is reflected in Article 9 which sets out the design of the school menu. The first course must consist of vegetables, legumes, rice and pasta, and the offerings for the second course consist of fish, one to three times per week, eggs, one to two times per week, and meat (preferably ‘poultry’ or rabbit) to a maximum of three servings per week. Red meat must not be served more than once a week, and processed meats must be limited to a maximum of two servings per month. The second course also includes dishes based on plant protein which can be served one to five times a week. Menu planning also includes side dishes of salad, potatoes and other vegetables. Desserts are to consist of four to five servings per week of fresh fruit and yoghurt, dairy or fresh cheese not more than once a week. The law does not mandate that all schools must offer vegetarian menus, but if a school serves a vegetarian option, then the main course on every day of the week must be based on foods that provide exclusively plant-based protein. The legislation does not explicitly mention the word ‘vegan’ or explicitly mandate vegan dishes.

Spain’s new law acknowledges the need to accommodate pupils with religious and ethical dietary needs. Under Article 10.2, schools are obliged to provide special menus for pupils with ethical or religious dietary needs when requested. At first glance, this does seem promising for vegan families and pupils. Following the successful campaign for vegan rights, it is now well-established that the deep and sincere ethical convictions of vegans qualify for protection in law. However, while Article 10.2 provides a mechanism for accommodating ethical dietary needs, it does not impose a clearly enforceable obligation on schools to offer a vegan meal in all cases, and the minimum legal obligation is to provide safe storage and heating for pupils’ homemade packed lunches. The legislation does not specify when or why a school may choose one over the other.

At this point, vegan parents and pupils looking to see how they are included and accommodated under this law may start to feel disappointed. Although Article 10.2 looks accommodating, vegan families must request a vegan option, which may or may not be granted depending on how individual schools interpret their obligations under the decree. While the decree does not clarify under what conditions a school may refuse to provide a requested menu, it seems reasonable to infer that a school’s refusal to accommodate vegan dietary needs could stem from a variety of reasons such as cost, capacity or low demand. This apparent softening of the obligation to accommodate ethical dietary needs may lead to inconsistent interpretations, meaning that access to state-funded nutritious meals for vegan pupils could ultimately depend on how individual schools choose to implement the law.

Vegans may also notice clear ambiguity in the legislation. Plant-based does not necessarily mean vegan, and while meals based on plant-derived protein can support vegan menus, the decree does not define ‘plant-based’ as ‘free from all animal ingredients’. While Article 3 defines several nutrition-related terms, it omits any definition of ‘plant-based’ or ‘vegan’. The focus for plant-based offerings in this decree is on the source of protein and not the explicit exclusion of non-vegan ingredients such as cheese toppings, non-vegan sauces, lactose, whey powder, honey or other animal-derived additives. Without a clear legal definition of ‘plant-based’, schools are not obliged to ensure standard meals based on plant protein are entirely free from animal ingredients.

On the face of it, Spain’s new school food law looks like a missed opportunity to properly include vegan pupils and create equality of opportunity to healthy, nutritious school food. The decree does not guarantee vegan pupils access to a vegan meal despite its reference to the human rights of the child and its acknowledgement of the need to accommodate ethical dietary convictions.

The apparent loophole in the statutory requirement to accommodate ethical diets, combined with vague and ambiguous language and a lack of statutory enforcement, could potentially result in the perpetuation of an unequal system in which those who eat omnivorous or vegetarian diets receive balanced school meals and vegan pupils have an inconsistent experience, with some relying on packed lunches. Clearly, circumstances such as these raise concerns about the equal enjoyment of human rights protections in educational settings, particularly with regard to vegan dignity, the recognition of vegan pupils’ ethical convictions and inclusion. They also place a familiar emotional and practical burden on vegan families and children, many of whom may not feel able or adequately equipped to defend their right to live with compassion.

Notwithstanding the above issues, Real Decreto 315/2025 can be seen as a starting point for developments. Currently, the legislation requires schools to accommodate ethical beliefs, even if this ultimately means that some vegan pupils will have to take their own lunch to school. It also encourages more plant-based options in school and recognises the unhealthy nature of red and processed meat. It requires schools to provide clear and detailed information about food offered and professional nutritional oversight of menus, which means that if vegan meals are provided, they will be nutritious and meet dietary standards.

Moving forward the appropriate Spanish authority should publish an official interpretation of the decree, and Spanish lawmakers should consider developing the legislation by:

• Acknowledging that accommodating the dietary needs of vegan pupils is a matter of dignity at school and align its statements regarding human rights and the rights of the child with positive legal obligations for equality of access and opportunity.
• Clearly defining plant-based school meals as being free from all products of animal origin and suitable for vegans.
• Mandating that all educational settings offer at least one vegan meal a day.
• Ensuring that all school food is clearly labelled to ensure vegan pupils feel safe to select from available options.
• Ensuring that all relevant parties undergo appropriate training in vegan dietary needs.

In the meantime, when the general provision comes into force, (as expected) in April 2026, if vegan food is not provided when requested parents can ask for a written justification, ask the school to rectify the problem by making more effort and seek appropriate professional advice on next steps. Where vegan meals are provided, parents can confirm with the school that they have complied with the legal requirement to ensure they are overseen by an accredited professional dietitian.

Author’s note: This analysis does not constitute legal advice and is based on a translated reading of the publicly available text of Spanish Royal Decree 315/2025.

I am immensely grateful to two wonderful friends and members of The Vegan Society’s International Rights Network for reviewing my draft. 

I would specifically like to thank Marcelo Daidone Chalita for clarifying the meaning of Spanish terms and phrasing, helping to refine my understanding, and offering suggestions to help fine tune my analysis of the Decree. I would also like to give my particular thanks to Dr Maureen O’Sullivan, a lecturer in law (Above the Bar) in the School of Law, Chair of the Research Ethics Committee at the University of Galway, and Consultant Editor of the Journal of Animal Ethics, for their positive feedback and ongoing support.

The views expressed by our Research News contributors are not necessarily the views of The Vegan Society.