On the (non)existence of the right to religious freedom of persons deprived of liberty

Jakub Hanc; Olga Sitarz; Anna Jaworska-Wieloch

On the (non)existence of the right to religious freedom of persons deprived of liberty

A reconstruction of the normative standard based on Polish and German regulations in comparison with empirical studies

by Jakub Hanc (Author), Olga Sitarz (Author), Anna Jaworska-Wieloch (Author)
©2024, Monographs, 280 Pages
Law, Economics & Management

Series: Ius, Lex et Res Publica, Volume 32

This book is the result of research conducted in Polish post-criminal isolation units related to the accessibility of religious practices and services for people incarcerated there. The study covered individuals from 35 units, including prisoners from 15 penitentiary facilities and 4 detention centres, as well as juveniles from 8 youth educational centres and 8 correctional facilities. The research also involved educators from those units who presented the religious life of convicts and detainees from their own perspective. The empirical part was preceded by considerations on the social and individual significance of religion and an outline of international and national (Polish and German) standards of religious freedom, including in post-criminal isolation units.

Cover
Halftitle Page
Series Page
Title Page
Copyright Page
About the authors
About the book
Citability of the eBook
Contents
Acknowledgements
Introduction
Chapter I Social and individual significance of religion
Chapter II Religious freedom of adults and children: a reconstruction of international and Polish standards
1. 2.1. Significance of religious freedom
2. 2.2. Religious freedom of adults and children: international standards
3. 2.3. Religious freedom of adults and children: Polish standards
Chapter III Religious freedom of adults and children deprived of their liberty in post-criminal isolation units: international standards
Chapter IV Religious freedom of adults and children deprived of their liberty in post-criminal isolation units: Polish standards
1. 4.1. Statutory grounds for religious freedom of persons deprived of their liberty in Poland
2. 4.2. Religious freedom of adults deprived of their liberty declared in legal instruments of a lower rank than a law
3. 4.3. Religious freedom of adults deprived of their liberty declared in prison internal rules
4. 4.4. Significance of the registration of the church of a religious association for the scope of prisoners’ religious freedom
5. 4.5. Scope of prisoners’ religious freedom: should faith be manifested only in mandated forms in prison or also in forms recommended by a given denomination?
6. 4.6. Diversity of situations of convicted persons in different types of prisons, including dangerous convicts
7. 4.7. Diversity of situations of convicted persons and pre-trial detainees in terms of scope of religious freedom in prison
8. 4.8. Scope of informing prisoners about the rights relating to religious freedom and the possibility of collecting declarations of faith from prisoners
9. 4.9. Representatives of religion in prisons
10. 4.10. Detailed elements of professing a religion and worship in the prison
11. 4.11. Religious freedom of juveniles placed in post-criminal isolation units
12. 4.12. Summary of the Polish regulations on individuals incarcerated in post-criminal isolation units
Chapter V Religious freedom of adults and children deprived of liberty in post-criminal isolation centres in the Federal Republic of Germany
1. 5.1. Constitutional standard
2. 5.2. Religious freedom in the Basic Law of the Federal Republic of Germany and selected statutory regulations
3. 5.3. Federal system reform (Föderalismusreform I) and its criticism
4. 5.4. Religious freedom of adults deprived of their liberty
5. 5.5. Religious freedom of children deprived of their liberty
Chapter VI Exercise of religious freedom in penitentiary facilities, correctional facilities and youth educational centres: results of a survey
1. 6.1. Research objectives
2. 6.2. Methodology
3. 6.3. Characteristics of the study group
  1. 6.3.1. Convicted persons and pre-trial detainees
  2. 6.3.2. Educators in penitentiary facilities and detention centres
  3. 6.3.3. Juveniles in youth educational centres and correctional facilities
  4. 6.3.4. Educators in youth educational centres and correctional facilities
4. 6.4. Description of the institutions surveyed
5. 6.5. Survey results
  1. 6.5.1. Prisoners in penitentiary institutions: penitentiary facilities and detention centres
  2. 6.5.2. Roman Catholic prisoners
  3. 6.5.2.1. Catholics before the pandemic while serving a sentence or in detention
  4. 6.5.2.2. Catholics during the pandemic while serving a sentence or in detention
  5. 6.5.2.3. Participation in practices at liberty
  6. 6.5.3. Prisoners of other confessions
  7. 6.5.4. Non-believing prisoners
  8. 6.5.5. Educators in penitentiary institutions: penitentiary facilities and detention centres
  9. 6.5.6. Juveniles in post-criminal isolation centres: youth educational centres and correctional facilities
  10. 6.5.7. Educators in juvenile institutions: youth educational centres and correctional facilities
6. 6.6. Discussion
  1. 6.6.1. Religion and how it is practiced: a point of view of adult prisoners
  2. 6.6.1.1. Opinions of incarcerated Catholics
  3. 6.6.1.2. Opinions of prisoners of other denominations
  4. 6.6.1.3. Opinions of incarcerated non-believers
  5. 6.6.1.4. Issue of providing information
  6. 6.6.2. Religion and how it is practiced: a point of view of educators in penitentiary facilities and detention centres
  7. 6.6.3. Religion and how it is practiced: a point of view of juveniles in youth educational centres and correctional facilities
  8. 6.6.4. Religion and how it is practiced: a point of view of educators of juveniles in youth educational centres and correctional facilities
7. 6.7. Data on chaplains and religious organizations cooperating with the Prison Service
Conclusions
References
Notes on contributors
Series

Pages:

280

Year:

2024

ISBN (HARDBACK):

9783631903711 (Active)

ISBN (EPUB):

9783631918654 (Active)

ISBN (PDF):

9783631918647 (Active)

DOI:

10.3726/b21807

Language:

English

Keywords:

religious practices, freedom of religion, penitentiary facility, detention centre, youth educational centre, correctional facility

Published:

Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2024. 280 pp., 12 tables.

Olga Sitarz is an associate professor at the University of Silesia in Katowice (Poland) and a specialist in criminal law, criminology and penal enforcement law. She is a former judge of the District Court in Katowice and an active mediator at the Silesian Centre for Arbitration and Mediation.
Anna Jaworska-Wieloch, PhD, is an assistant professor at the University of Silesia in Katowice (Poland) and a specialist in criminal law, criminology and penal enforcement law.
Jakub Hanc is a PhD student at the Doctoral School, University of Silesia in Katowice (Poland).

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On the (non)existence of the right to religious freedom of persons deprived of liberty

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