Summary

While historically in the institution of prison, religion and correction of an individual were inseparable, in the 20th century secularism had the effect of separating religion from the mission of returning a person to society. In the imprisonment theory based on the European fundamental rights of the 21st century, religion in prison has been liberated – prisoners may choose which religion to follow or whether to change their beliefs. Religion and re-socialisation are not directly connected.

Nevertheless, religion and prison do have several essential links. For instance, the state must not interfere with the religious freedom of an individual; however, in the prison context the exercise of different rights is inevitably restricted (e.g., wearing religious robes in certain cases). Moreover, a prison also needs to take measures to ensure freedom of religion (e.g., allow the participation of prisoners in religious rites). However, this is a question that, on the one hand, often weighs the right of an individual to peacefully practice their religion against, on the other hand, the prison’s obligation to ensure security and protect the rights of other prisoners (e.g., use of incense).

This article analyses the role of religion and the freedom of religion in today’s prison, the obligation of the prison, and limits of it, in protecting the religious freedom of an individual and potential dangers that may cross the protective sphere of that right.