Challenges of the Knowledge Society (May 2019)
FREEDOM OF THOUGHT, OPINION, AND RELIGIOUS BELIEFS IN THE CASE OF PERSONS DEPRIVED OF THEIR LIBERTY
Abstract
This paper1 deals with the issue of freedom of thought, opinion, and religious beliefs in the case of persons deprived of their liberty. The study has a first part which consists in a presentation of the international standards (United Nations, Council of Europe, European Union), followed by a presentation of the national standards (the freedom of thought, opinion, and religious beliefs being a fundamental freedom, prescribed by the Romanian Constitution). An analysis is made based on the European Convention of Human Rights and of the European Prison Rules, in relation with national legal framework, touching the essential aspects of the freedom of thought, opinion, and religious beliefs in the case of persons deprived of their liberty: the exercise of the freedom of conscience and opinions, as well as of the freedom of religious beliefs; organization of religious service in prisons; proportionality of the measures ordered by the penitentiary administration; the limits of exercising the freedom of conscience and opinions, as well as the freedom of religious beliefs. Further, the paper focuses on the main ECtHR judgements dealing with possible infringements of art. 9 from the European Convention, dealing with freedom of thought, opinion, and religious beliefs and then focuses on the national case law in this field. Concluding, the study attempts to asess the national legislation and case law pleading on taking into consideration the solutions rendered by the ECtHR in its judgments, which can and should be applied at national level, in order to ensure the uniformity of judicial practice.
