The Right of Persons Deprived of their Liberty to Have their Food Prepared According to the Religious Requirements. Normative Regulations and Practical Impediments Cover Image

Prawo osób pozbawionych wolności do wyżywienia przygotowanego według wymogów religijnych. Regulacje normatywne a trudności praktyczne
The Right of Persons Deprived of their Liberty to Have their Food Prepared According to the Religious Requirements. Normative Regulations and Practical Impediments

Author(s): Jerzy Nikołajew
Subject(s): Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: freedom of conscience and religion;right to religious dietary practice;convicts and detainees;

Summary/Abstract: The right of persons deprived of their liberty to have their food prepared according to the religious norms is a standard resulting from both international and domestic regulations, including the Constitution. The Republic of Poland assumed the obligation to implement the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (Art. 9); nonetheless, the case of Jakóbski revealed that certain irregularities have been committed by Poland, which restricted the prisoner's possibility to follow religious dietary practices. Furthermore, the legislative provisions and implementing regulations in this respect are not sufficient to overcome the objective barriers for pursuit of this right. Such difficulties are often mentioned in the complaints submitted by the prisoners to the domestic authorities pursuant to the procedures provided for in the internal regulations. Furthermore, the provision of regulatory framework for these issues will also improve the functioning of the prison staff responsible for ensuring proper dietary and religious standards for prisoners.

  • Issue Year: 4/2015
  • Issue No: 2
  • Page Range: 151-169
  • Page Count: 19
  • Language: Polish