4.4 Progress Is Still Required with Regard to Religion The fundamental right freedom of expression includes that of practising one’s own religion, while respecting the convictions of one’s neighbours. It should be possible to exercise this right in prison, within the limits of security requirements. The Prisons Act devotes two phrases to the exercise of religion in prison (article 26): “prisoners have the right to freedom of opinion, conscience and religion. They can practice the religion of their choice, according to conditions suitable to the organisation of the premises, without any limits other than those imposed by security and proper order within the institution”. On 24th of March 2011, the Contrôleur Général des Lieux de Privation de Liberté published an Opinion125 concerning the exercise of religion in places of deprivation of liberty. From their inspections and the letters received, the inspectors ascertain that certain principles mentioned in the Opinion are rarely respected. The following are to be noted in particular: - ignorance of religions on the part of prison staff, leading to the taking of arbitrary decisions with regard to determining which objects can be considered to be religious; - a persistent lack of Muslim chaplains, sometimes resulting in the self-appointment of an imam among the prisoners, who may be acknowledged by their fellow believers more because of their radical positions than as a result of their knowledge of the religion; as well as major difficulties in finding Christian chaplains of Orthodox or Armenian confession; - virtual impossibility for prisoners of Jewish faith to practice their religion in prison in particular in terms of dietary rules126, as well as through fear of reprisals on the part of fellow prisoners; - places of religious worship lacking peace and confidentiality. Article 26 of the Prisons Act should be supplemented by a regulatory text providing for an increase in the means necessary for the exercise of religions in a satisfactory manner. 4.5 Labour Law Still Absent in Prison On 14th of June 2013, the Constitutional Council, to which a question of employment in prison had been referred for a priority preliminary ruling on constitutionality (QPC), found that the Labour regime applied to prisoners was in accordance with our constitutional order, considering in particular that the absence of an employment contract for prisoners exercising a job in prison did not deprive them of their fundamental rights and liberties127. On the same day, the Contrôleur Général des Lieux de Privation de Liberté raised the question “of the compatibility of the organisation of work in prison with the most basic social justice”. 125 Journal Officiel of 17th April 2011, text 13 out of 30, NOR CPLX1110094V. Cf. section 8 below. 127 Ruling (Décision) no. 2013-320/321 QPC of 14th June 2013. 126 98