CHAPTER 20. RELIGION
OBJECTIVE
The objective of this chapter is to underline that prisoners have the right to freedom of
religious belief and to observe the requirements of their religion. This chapter should be
cross-referenced with chapter 29 of the Manual, dealing with the principle of nondiscrimination.
ESSENTIAL PRINCIPLES
All prisoners have the right to observe the tenets of their religion and to have
access to a minister of that religion.
Prisoners shall be allowed access to qualified representatives of any religion.
BASIS IN INTERNATIONAL INSTRUMENTS
Article 18 of the Universal Declaration of Human Rights provides that:
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion or
belief in teaching, practice, worship and observance.
Article 18 of the International Covenant on Civil and Political Rights also provides
for the right to freedom of religion. In paragraph 2, it specifically provides that:
No one shall be subject to coercion which would impair
his freedom to have or to adopt a religion or belief of his
choice.
The opportunity to practise one's religion, either in private or in public, might be
restricted by the fact of imprisonment. For this reason, the Standard Minimum Rules
for the Treatment of Prisoners make specific reference to the need for prison authorities to allow prisoners to observe their religion and to have access to a minister of that
religion:
41. (1) If the institution contains a sufficient number of
prisoners of the same religion, a qualified representative of
that religion shall be appointed or approved. If the number of
prisoners justifies it and conditions permit, the arrangement
should be on a full-time basis.
(2) A qualified representative appointed or approved
under paragraph (1) shall be allowed to hold regular services
and to pay pastoral visits in private to prisoners of his religion
at proper times.
(3) Access to a qualified representative of any religion
shall not be refused to any prisoner. On the other hand, if any
prisoner should object to a visit of any religious representative, his attitude shall be fully respected.
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