Protecting Freedom of Religion or Belief in Restricted or Institutional Settings

Abstract

Despite meaningful advances in the recognition and protection of fundamental religious freedoms in many parts of the world, certain segments of society usually realize the benefits of social progress only with significant delay. This chapter will consider both the historical challenges and recent advances attained in upholding the religious freedoms and accommodating the sometimes diverse religious practices of individuals in restricted or institutional settings such as prisons, the military, and state-operated medical facilities. While much of the present discussion is primarily based on the experiences of the United States during the past forty years, largely parallel progress has occurred in the democratic societies in western Europe. Clearly the United States is not the only model, and its protections of religious freedom in institutional settings have not always been ideal. Nevertheless, illuminating the US system is particularly valuable. Because it generally takes a separationist and neutral approach in church-state matters, its widespread accommodations in this arena illustrate the need for government flexibility in these circumstances as well as some ways that states can accommodate individuals’ religious needs in institutional settings without discriminating against minority or less-popular religions.