OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL stipulated, notwithstanding the general principles laid down therein, that the budgets of public corporations can be used to finance “chaplaincy services” to guarantee “freedom of worship in public institutions such as grammar schools, colleges, schools, old people’s homes, asylums and prisons”. 2/ It follows that when people are no longer at liberty to come and go as they please, the State should finance the cost of services the necessary for “freedom of worship”. The term “public institutions” used by the law should not be taken in its precise legal sense as used today, but only in the sense of independent services controlled exclusively by the authorities. Since the list contained in the 1905 Law is not exhaustive, it should be taken as referring to any place in which, beyond a reasonable period of time, people do not enjoy access to the form of worship corresponding to their own religious denomination, in cases where they belong to one, on account of their “isolation”. As far as prisons are concerned establishments, the Code of Criminal Procedure (Articles R.  57-9-3 sq.) has specifically laid down the conditions governing access to worship. The same goes, to a lesser degree, for hospitals (Articles L. 3211-3, 7 and R. 1112-46 of the Public Health Code; see also circular n°DHOS/G/2005/57 of 2nd  February 2005). In the case of detention centres, there are no legal requirements: however, practices do exist in some cases, and are successful. As far as secure educational centres are concerned, nothing appears to have been defined, seemingly because no request has been submitted. In any event, the obligations incumbent upon the authorities responsible for these establishments are no different in nature as regards their various types of occupants, other than in a few ways. 3/ Based on the principles set out above, the authorities are not under any obligation to: • • • 86 Accept as a chaplain any representatives of a de facto or legally constituted body, the religious nature of which is not established; Accept a chaplain who has not agreed to abide by the public order rules necessary to the running of a custodial establishment; Authorise forms of worship that cannot be reconciled with

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