PRACTICE OF WORSHIP (OPINION)
Consultative Committee on Worship, at its session held on 26th October
2001). These decisions clearly take precedence over the “sectarian”
orientation previously attributed to events organised by this religion.
Such recognition of the religious nature of legally constituted bodies
and therefore the right enjoyed by the followers of such religions to
have their own chaplain, certainly does not constitute recognition of
practices prejudicial to persons. It is an expression of the neutrality
laid down by secularism.
Secondly, the authorities likewise cannot play down the status accorded
to chaplains, on the grounds that the religion in question is a minority
one. As soon as a religion is recognised as such by the governing law,
its chaplains, just like any other chaplains, should be allowed to enjoy
identical prerogatives and cannot be limited, e.g. within prisons, to
having visitor status, which in turn creates a “visiting-room religion”
(i.e. meetings held with “the chaplain” are restricted to this location,
rather than taking place in a cell or in purpose-built premises). On
the other hand, the authorities should of course keep the number of
approved chaplains proportionate to the number of people claiming
to practise a particular religion. This is the only possible interpretation
of the laws, and especially of European penitentiary rule n°29,
section 2 (which, incidentally, cannot take precedence over the 1905
Law and Penitentiary Law), unless we specifically take the view that, as
soon as the activities undertaken by this legal entity are recognised
as a form of worship, the authorities, abandoning the principle of
secularism that ought to apply in full here, decide that they will be
responsible for assessing which forms of worship are acceptable in
custodial establishments, and what prerogatives should be associated
with them.
What applies to this denomination applies to all those whose
organisations are religious in nature, even where they are classified
as minority religions in France (and, incidentally, possibly as majority
religions in some regions or locations).
7/ Several denominations, represented by varying numbers of
detainees held in custodial establishments, impose rules on those
that recognise them, in terms of what they can eat and drink.
The question of prescribed food is one of particular significance, given
that food (quantity consumed and quality) is an issue of fundamental
importance for anyone who is deprived of their liberty. At the present
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