The Legal Status of Prison Chaplains and the Violating the Freedom of Conscience and Religion of Incarcerated in Poland

Abstract This study explores the legal regulations constituting the basis for the performance of religious services by prison chaplains in penitentiary institutions, both for a fee and free of charge. This should help to explain the double subordination resulting from the merging of a public function, i.e. employment in a penitentiary facility, and the ecclesiastical function carried out by a clergyman as a chaplain. The presented considerations show that the legal status of prison chaplains is a multi-threaded issue that raises doubts as to the desirable content of these regulations. This is because precise and transparent criteria are lackingafter meeting which, an appropriate contract with a chaplain should be concluded and which would justify the choice between employment and performing the indicated service free of charge. Further research is needed to develop legal solutions that would clarify the legal status of prison chaplains and fully protect the religious freedom of prisoners, the right of churches and other religious organisations to provide religious assistance, all to eliminate the risk of violating such rights and the risk of violating the safety and order in penitentiary facilities.