The Manifestation of Religious Beliefs by Staff of Penitentiaries and Detention Centres

Abstract The article examines the expression of religious beliefs by prison staff in penitentiary units. The publication answers the following three questions: (i) how do penitentiary and detention centre staff view the possibility of the expression of their religious beliefs while at work in prison?; (ii) what is the current legal situation regarding the possibility of manifesting religious freedom by prison staff?; and (iii) what assessment is to be made, taking into account the established legal framework, with regard to discrimination and respect for equality and diversity? An analysis of international case law makes it possible to put forward an argument that prohibitions on the wearing of religious symbols by state officials and other staff members are an unjustified restriction of religious freedom, leading to discrimination on the grounds of religion. The compliance with the prohibition on discrimination cannot consist of removing or concealing differences in the manifestation of religious beliefs.