A/HRC/58/49
Catholic rituals in São Tomé and Príncipe,77 no advance warning of executions and bodies
not being returned to the bereaved family members in Saudi Arabia 78 and members of the
Baha’i faith being prevented from burying their dead in available cemetery land and instead
being forced to bury their dead on top of a mass grave site in the Islamic Republic of Iran. 79
C.
Intersection of freedom of religion or belief and the prohibition of
torture and ill-treatment inside places of deprivation of liberty
57.
It has been emphasized under the mandate that the dangers of discrimination on the
grounds of religion or belief, either in an institutionalized form or through discriminatory
practices, become much greater in the closed conditions of a detention facility,80 and the same
holds true regarding violations of these two rights.
58.
The right to freedom of religion or belief is not suspended for detained individuals.
On the contrary, as the Human Rights Committee has clarified: “persons already subject to
certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest
their religion or belief to the fullest extent compatible with the specific nature of the
constraint”. 81 Similarly, individuals in places of deprivation of liberty are entitled to
protection against torture and ill-treatment; this is an absolute right (see para. 21 above).
59.
Various soft law guidelines provide minimum standards that must be respected for
States not to violate the rights of persons deprived of liberty. These norms include that places
of deprivation of liberty must allow individuals to participate in spiritual and religious
activities,82 to receive education, including religious instruction, 83 to keep religious books,84
to receive visits from spiritual or religious representatives,85 and equally not to be forced to
take part in religious practices nor receive visits from religious representatives not aligned
with their beliefs.86
60.
Persons deprived of liberty should also be provided with a nutritious diet that takes
into account their religion or belief, 87 such as halal, kosher, vegan and vegetarian food,
respecting religious fasting such as at Ramadan. The requirement of the Organization of
American States is as follows: “Clothing to be used by persons deprived of liberty shall be
sufficient and adequate to the climatic conditions, with due consideration to their cultural and
religious identity.”88
61.
Children in juvenile facilities should also have the same rights to allow full enjoyment
of their right to freedom of religion or belief.89
77
78
79
80
81
82
83
84
85
86
87
88
89
12
See communication STP 1/2023.
See communication SAU 5/2022.
See communication IRN 15/2021.
A/64/159, para. 21.
General comment No. 22 (1993), para. 8.
Nelson Mandela Rules, rule 66. See also European Prison Rules, rule 29.2; Principles and Best
Practices on the Protection of Persons Deprived of Liberty in the Americas, principle XV; and Luanda
Guidelines, para. 25 (g).
Nelson Mandela Rules, rule 104 (1).
Ibid., rule 66; and European Prison Rules, rule 29.2.
Nelson Mandela Rules, rules 65 (1) and 65 (2). See also European Prison Rules, rule 29.2; and
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,
principle XV.
Nelson Mandela Rules, rule 65 (3); and European Prison Rules, rule 29.3.
European Prison Rules, rule 22.1; and Principles and Best Practices on the Protection of Persons
Deprived of Liberty in the Americas, principle XI (1). See also CAT/OP/MKD/1, para. 46; and
CAT/OP/NZL/1, para. 76.
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,
principle XII; see also Inter-American Court of Human Rights, Differentiated Approaches with
Respect to Certain Groups of Persons in Detention, Advisory Opinion OC-29/22 of 30 May 2022,
para. 90.
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, para. 48.
GE.24-24412