42. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious life by attending
the services provided in the institution and having in his possession the books of religious observance and instruction of
his denomination.
IMPLICATIONS
The status of religious representatives within prison systems can vary from country to
country. In some jurisdictions, such representatives may not be allowed any access to
prisons. In other jurisdictions, the religious representative or chaplain is second in
authority only to the director within the prison. The international instruments make it
clear that all prisoners are entitled to have access to a qualified religious representative.
In some systems, only representatives of the main religion in the country are allowed
access to prisons. Prisoners of minority religions are not allowed to observe the requirements of their faith. This is in breach of the international instruments.
Prisoners should not be obliged to consult a minister of religion if they do not wish to
do so.
PRACTICAL RECOMMENDATIONS
■
Ministers of religion should have access to all prisoners who wish to consult them.
■
Ideally, ministers of religion should not be members of the prison staff, but should
come from the local community.
■
Prisoners should be given the opportunity to observe the requirements of their
religion. This may mean making special arrangements for clothing, for diet or to
provide food at different times, for prayers or for washing.
■
Prisoners who are under any form of segregation or punishment should still be given
access to their religious representative.
TOPICS FOR DISCUSSION
Religious observance sometimes means wearing special clothing, observing a special
diet or washing at particular times of the day. Discuss how the prison authorities can
ensure that these needs are met.
A large number of prisoners in a long-term prison begin converting from one religion
to another. The minister of the former religion who was employed full-time at the
prison now has little to do and is very angry. What steps should be taken?
CASE STUDIES
1. A visiting representative of a particular religion begins to encourage the prisoners
who follow that religion to question prison rules and regulations at every opportunity. Staff find these prisoners increasingly difficult to manage. What should the director of the prison do?
2. A group of foreign prisoners are admitted to the prison. They say that their religion
will not permit them to eat the food which is prepared in the prison kitchen. Bearing
in mind the international instruments, what is to be done?
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