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. 107

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