OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
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chaplains, without the need to draw any distinction between
paperback and hardback books inside custodial establishments.
Detainees should be allowed to keep religious objects that are
not likely to pose a threat to security. Respect should be shown
for such objects, regardless of their owner’s denomination
(neutrality as an expression of secularism) and regardless of the
beliefs of the staff supervising such establishments (neutrality
of public sector employees). Although it has been unable to
check whether such allegations are true, the contrôle général des
lieux de privation de liberté has received a number of complaints
relating to the disappearance of or deliberate damage to such
objects, or behaviour that clearly demonstrates contempt.
In more general terms, tendentious comments made by staff,
whether employed by public or private bodies, regarding
religious beliefs and practices of any kind, are not covered by
the rules applicable to custodial establishments: they never
serve any useful purpose, and they are usually prejudicial.
6/ In point of fact, certain religions are not widely practised,
particularly on account of the diversity of current religious practice in
France. Nevertheless, as soon as a request is submitted for assistance
relating to a form of worship, the religious nature of which is not in
doubt, and for organisational support for this religion in response
to such request, the principle of secularism cannot be applied as a
justification for rejecting this on any grounds, other than those stated
in section 3 above, in terms of principles.
As a result, two obligations are incumbent on the authorities.
On the one hand, while they themselves must clearly not determine
which groupings or claimed denominations do or do not constitute
a form of worship, they must abide by the courts’ recognition of the
religious nature of legally constituted bodies provided that such
recognition has been granted. By way of illustration, this applies to
one such body, some of whose activities were not only recognised
by the courts as a public form of worship (Lyon Administrative Court
of Appeal, 18th January 1990), but some of whose groupings were
also recognised as a religious organisation (Council of State, Section,
23rd June 2000, Minister of the Economy, Finance and Industry,
n°215 109), within the meaning of Part IV of the Law of 9th December
1905, following the example of certain administrative bodies (e.g. the
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